REPORTS 


ON 

MILITARY ADMINISTRATION 


CIVIL SERVICE LAWS 


SECRETARY OF STATE AND 
LAW OFFICERS 


EFFICIENCY AND ECONOMY 
COMMISSIONS IN OTHER STATES 

PREPARED FOR THE 

EFFICIENCY AND ECONOMY COMMITTEE 

CREATED UNDER THE AUTHORITY OF THE 
FORTY-EIGHTH GENERAL ASSEMBLY 


STATE OF ILLINOIS 
















A REPORT 


ON 

THE MILITARY DEPARTMENT 

OF THE 

STATE OF ILLINOIS 

BY 


QUINCY WRIGHT, A. M. 


I 















jD. of 
HAY 27 19 § 

t 





CONTENTS 


I. THE ILLINOIS STATE MILITIA . 

1. History of Legislation . 

State Legislation . 

United States Laws . 

2. The Military Forces . 

Organized and Unorganized Militia.. 

The Illinois National Guard . 

Enlistment by years, 1901-1912 . 

Relative Militia Strength of States, 1912 .. 

The Illinois Naval Reserve . 

Enlistment by years, 1902-1912 .. 

Relative Strength of States, 1912 . 

Personnel . 

Enlisted Men . 

Officers . 

The Retired List . 

Pay and Allowances . 

Equipment, drills, armories, etc.. 

Mobs, Riots and Disturbances . 

3. The Commander-in-Chief . 

4. The Staff Departments .. 

Adjutant General’s Department . 

Inspector General’s Department .. 

Quartermaster General’s Department . 

Subsistence Department . 

Ordnance Department . 

Pay Department ... 

Corps of Engineers .. 

Signal Corps . 

Judge Advocate’s Department. 

Military Offences . 

Courts Martial ... 

Medical Department . 

Medical Corps . 

Hospital Corps . 

Medical Reserve Corps . 

5. Finances .. 

Military Appropriations and Expenditures . 

Analysis of Military Appropriations, 1909, 1911, 1913 . 

Analysis of Military Expenditures, 1910-12 .. 

6. Comments . 

II. THE UNITED STATES GOVERNMENT ANT THE STATE MILITIA. 

1. National Legislation .. 

Constitutional Provisions . 

Congressional Legislation . 

Congressional Appropriations . A ....... . 

The Dick Law- and Subsequent Legislation. 

2 Actual Use of the Militia by the National Government 

1789-1814 . 

1814-1864 . 

1864-1914 . . . 

3. Constitutional and Legal Conclusions . . 

The Jurisdiction of the U. S. Government over the Militia 
The Jurisdiction of the State Government over the Militia 

Cases in which the Militia may be called out . 

Cases in which the Militia may not be called out. 

The Discretionary Power of the President ..... . 

The Leadership of the Militia . 

General Conclusion . 


871-888 

871 

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I. THE ILLINOIS STATE MILITIA. 

I. HISTORY OF LEGISLATION. 

State Legislation. 

The Illinois Constitution of 1818 provided for the establishment 
of a State Militia with the Governor as Commander-in-Chief, to con¬ 
sist of all free, able bodied men—negroes, mulattoes and Indians 
excepted—between the ages of eighteen and forty-five, and resident in 
the state. Persons with conscientious scruples might be exempted 
• from service in time of peace on paying an equivalent in money. 
Company, battalion and regimental officers—staff officers excepted— 
were to be elected by their respective company, battalion or regiment. 
Brigadier and Major Generals were to be elected by the officers of 
their respective brigades and divisions. All officers were to receive 
commissions from the Governor to be held during good behavior, or 
until the attainment of the age of sixty years. Members of the militia 
were exempted from arrest during actual service except for treason, 
felony or breach of the peace. 

In accordance with these constitutional provisions, an elaborate 
military organization was provided for in a statute of 1819 entitled “an 
act for organizing the militia of the state.” This provided that the 
commanding officer of each company enroll all eligible male citizens; and 
that such persons be required, to provide themselves with musket, bay¬ 
onet, knapsack, blanket, canteen etc. within six months of enrollment. 
The militia was organized into two divisions of two brigades each, each 
brigade to consist of several regiments, each one of which comprised 
one county. The whole military organization was under the control 
of the Governor as commander-in-chief, assisted by two aides-de-camp 
and an adjutant general. The division officers were a major general, 
division inspector, quartermaster general and two aides-de-camp. The 
brigades were under the control of a brigadier general, brigade in¬ 
spector, quartermaster general and one aide-de-camp. The regimental 
officers were a colonel, lieutenant-colonel, major, surgeon, adjutant 
quartermaster, paymaster, sergeant major, quartermaster sergeant, 
drum major, and fife major. The battalion was commanded by a 
lieutenant colonel and the company by a captain with one lieutenant, 
one ensign, four sergeants, four corporals, a drummer and a fifer. In 
each regiment there was to be one company of artillery and one of 
cavalry. Provision was made for drill at regular intervals, for calling 
into service, for conduct while under orders, etc. The act was very 
elaborate and apparently had the intention of putting all able bodied 
men under a more or less formal military organization. 

The general system as outlined in the law of 1819 was continued 
until the act of 1877, which virtually installed the present military code. 
There were, however, some changes made from time to time, as in an 
act of 1826 for “the organization and government of the militia of the 




872 


EFFICIENCY AND ECONOMY COMMITTEE. 


state,” and an act of 1833 with the same title, which provided for five 
divisions of two to four brigades each and fourteen brigades in all. 
An Act of 1837, entitled “an act encouraging volunteer companies,” 
introduced a somewhat novel feature in that it recommended and pro¬ 
vided for the creation of volunteer companies with a more formal 
organization and more regular drill than in the regular militia, thus 
forecasting the later division of the militia into a volunteer organized 
militia and the unorganized mihtia. 

At the outbreak of the civil war a special session of the legisla¬ 
ture was called, which passed the act of 1861 “to organize six regi¬ 
ments of volunteers from the state of Illinois and to provide for the 
election of regimental officer^ and of a brigadier general” and also “an 
act to prepare the state of Illinois to protect its own territory and to 
repel invasion and to render efficient and prompt assistance to the 
United States if demanded.” In 1865 was passed “an Act to provide 
for the appointment and to designate rank, fix pay, and prescribe duty 
of the adjutant general of Illinois.” 

The Constitution of 1848 had repeated verbatim the sections of 
the Constitution of 1818 relating to the militia. The Constitution of 
1870 repeated its main features, but provided specifically that the or¬ 
ganization, equipment and discipline of the militia should conform so 
far as possible to that of the United States Army. It omitted the pro¬ 
vision requiring the election of officers, thus permitting more central¬ 
ized control through appointed officers. 

An Act was passed in 1874 “to revise the law in relation to the 
state militia;” and in 1877 “the military code of Illinois” was enacted, 
which put the militia on practically its present basis. The active 
militia were organized on the basis of voluntary enlistment for a term 
of five years under the title “The Illinois National Guard.” The Gov¬ 
ernor acted as commander-in-chief, with a staff composed of an ad¬ 
jutant general, a commissary general and a quartermaster general 
The Governor was to appoint division and brigade officers, to serve 
during good behavior; and company and regimental officers were to be 
elective. An examining board composed of six or more officers ap¬ 
pointed by division commanders was provided, with the function of 
examining commissioned officers below the rank of brigadier general. 

In 1893 the organization of the Illinois Naval Reserve was pro¬ 
vided for in “an Act to establish a naval militia.” The act of 1877 
was revised in 1897 by “an Act to revise the military and naval code 
of Illinois;” and further alterations were made in 1903 in “an Act 
to establish a military and naval code for the State of Illinois.” The 
most recent act is that of 1909, “an Act to establish a military and 
naval code of the State of Illinois and to repeal all acts in conflict 
herewith.” 

Under Authority of Section 3, Art. 2, of this code, which gives 
the commander in chief authority to reorganize the militia under 
certain limitations, the governor issued an executive order on Dec. 
22, 1913, which took effect Jan. 1, 1914, reorganizing the militia to 
conform to the organization provided by Section 3 of the national 
militia act as amended in 1910, and as required by the War Depart¬ 
ment of the United States, in a circular of Aug. 1, 1913, of all states 




MILITARY ADMINISTRATION. 


873 


desiring to participate in the national militia appropriation. 

United States Laws. 

Since 1792 the United States Congress has legislated on the sub¬ 
ject of the militia. In 1903 a more thorough system of national regu¬ 
lation of the State Militia was undertaken through the passage of the 
so-called Dick Militia Act. This provided for the regulation of the 
militia through the division of militia affairs in the United States 
Department of War. It also required an annual inspection of the 
militia, at least five days encampment and twenty-four days drill 
through the year, and increased the annual militia appropriation to 
$3,000,000 (raised to $4,000,000 in 1906), to be apportioned among 
the states, but not to any state that failed to meet these requirments. 
The war department requires an annual report from the adjutant 
general of the state. Especially since the passage of this act, United 
States aid has been of great assistance in improving the condition of 
the militia. 

The act as amended in 1910 required that “On and after Jan. 21, 
1910, the organization .... of the Organized Militia in the several 
States, Territories, and the District of Columbia shall be the same as 
that .... prescribed for the Regular army of the United States, 
subject in time of peace to such general exceptions as may be author¬ 
ized by the Secretary of War.” In Circular No. 8 of Aug. 1, 1913, 
the War Department, described this organization and required States 
desiring to participate in the national militia appropriation to conform 
their militia organization to it. 

2. THE MILITARY FORCES. 

Organized and Unorganized Militia. 

The Illinois Militia is at present organized under an act of 1909 
“to establish a military and naval code for the State of Illinois and to 
repeal all acts in conflict herewith” 1 and an executive order which took 
effect January 1, 1914. 2 

All able bodied male citizens between the age of eighteen and 
forty-five except those exempt by state or national law are subject to 
military duty and are designated as the Illinois State Militia. This 
body is divided into the organized and unorganized militia, the former 
being in turn divided into the Illinois National Guard and the Illinois 
Naval Reserve. 

The Illinois National Guard. 

The Illinois National Guard forms the land forces in time of 
peace. As provided by the statute it may consist of not more than 
one major general, three brigadier generals, twenty-four battalions of 
infantry, one regiment of cavalry, a corps of engineers, three batteries 
of field artillery, a signal corps, and a field hospital and ambulance 
corps, with the necessary line, staff and non-commissioned officers and 
the officers of the retired list. 

Kurd’s Revised Statute, Chapter 129, Edition of 1913, page 2345. 

2 This executive order is under date of Dec. 22, 1913, and it prescribes the organi¬ 
zation outlined in Circular No. 8, of the War Department of the United States, Office 
of the Chief of Staff, Division of Militia Affairs, dated Aug. 1, 1913. 



874 


EFFICIENCY AND ECONOMY COMMITTEE. 


The act provides that the infantry be organized into eight regi¬ 
ments, composed of twelve companies with a maximum of 1154 men, 
commanded by a colonel. Two or more regiments of infantry com¬ 
manded by a brigadier-general form a brigade. The officers and 
troops of the line and staff attached are to form the “tactical and 
administrative military division/’ to be commanded by a major-general, 
who is responsible for instruction, discipline and military efficiency. 

The statute also provides that the staff be organized into ten de¬ 
partments: the adjutant general’s department, the inspector general’s 
department, the quartermaster’s department, the subsistence depart¬ 
ment, the ordnance department, the medical department, the pay 
department, the judge-advocate’s department, the corps of engineers 
and the signal corps. 

This organization was materially altered by the executive order 
of the governor which went into effect Jan. 1, 1914. The whole 
division organization was abolished, the office of major general was 
discontinued, the number of brigadier generals was reduced to two and 
the subsistence department was consolidated with the Quartemaster’s 
Corps. 

The tables below show the number of officers and enlisted men 
in the Illinois National Guard for the years 1901 to 1912, and a com¬ 
parison of the strength of the organized militia of Illinois and certain 
other states in 1912: 


ENLISTMENT BY YEARS, 1901-1912. a 


Year 

Officers 

Enlisted Men 

Total 


1901 

470 


6524 

6994 


1902 

512 


6414 

6926 


1903 

540 


6129 

6669 


1904 

485 


6072 

6557 


1905 

485 


5784 

6269 


1906 

496 


5433 

5929 


1907 

492 


5648 

6140 


1908 

500 


5813 

6313 


1909 

520 


6165 

6585 


1910 

507 


5828 

6335 


1911 

521 


5774 

6295 


1912 

521 


5586 

6107 


a. From the Statistical Abstracts 

of the United States. 



RELATIVE MILITIA STRENGTH 

OF STATES, 

1912. a No.Militia 






per 



Enlisted 


Population 

100,000 

State 

Officers 

Men 

Total 

1910 Census 

Pop. 

Massachusetts .. .. 

. 443 

5421 

5864 

3,336,416 

174 

New York. 

. 990 

14477 

15469 

9,113,614 

169 

New Jersey. 

. 345 

3934 

4279 

2,537,167 

168 

Alabama. 

. 213 

3212 

3425 

2,138,093 

160 

California. 

. 234 

3191 

3425 

2,377,549 

144 

Iowa. 

. 215 

2825 

3040 

2,224,771 

136 

Pennsylvania. 

. 743 

9705 

10148 

7,665,111 

132 

Wisconsin. 

. 197 

2892 

3089 

2,333,860 

132 

Ohio. 

. 518 

5462 

5980 

4,767,121 

125 

Illinois. 

. 521 

5586 

6107 

5,638,591 

109 

Missouri. 

. 262 

2995 

3257 

3,293,335 

99 

Total—All States, 
a. From the U. 

. 9142 112710 

S. Statistical Abstract for 

121852 

1912. 

91,972,266 

132 
















MILITARY ADMINISTRATION. 


875 


The Illinois Naval Reserve . 

The Illinois Naval Reserve forms t 1 e naval force in time of 
peace. As provided in the statutes it consists of a ship’s compliment 
of twelve divisions, with necessary line, staff, warrant and petty offi¬ 
cers, and the officers of the retired list. It is organized as a ship’s 
crew, commanded by a captain, who is assisted by an executive officer 
known as the commander, a navigating officer of the rank of lieu¬ 
tenant commander, an ordnance officer and an equipment officer of 
the rank of lieutenant. 

The staff is to consist of a lieutenant commander acting as chief 
engineer, a lieutenant acting as paymaster, a lieutenant junior grade 
as passed assistant paymaster, an ensign, assistant paymaster, a lieu¬ 
tenant, chaplain, two lieutenants junior grade acting as signal officer 
and secretary, two ensigns, aids and not more than eight warrant 
officers and petty officers to be created at the discretion of the com- 
mander-in-chief. 

The crew is to be divided into twelve divisions of which two are 
steam engineers and one a band. The ordinary division is to consist 
of a lieutenant, lieutenant junior grade, two ensigns, a boatswain s 
mate, quartermaster, gunner’s mate, all first class; a master at arms, 
boatswain’s mate, gunner’s mate, second class; a quartermaster, third 
class; two musicians, a coxswain for every twenty seamen and thirty 
to eighty seamen. 

Each steam engineer’s division is to consist of a lieutenant who is 
passed assistant engineer, two ensigns who are assistant engineers, four 
chief mates of the second class, two electricians and a yeoman also of 
the second class; two musicians and four oilers of the third class; 
eight water tenders and eight firemen of the first class; twenty-four 
firemen of the second class and twenty-four coal passers. 

The chief engineer, signal officer, secretary and aids are not to 
be staff officers but line officers and as such entitled to assume com¬ 
mand. The naval forces are to be under the direct command of the 
commander-in-chief; but when in actual service, senior officers of the 
national guard present may command them unless otherwise ordered 
by the commander-in-chief. 

The staff and crew officers are to be commissioned by the Gov¬ 
ernor as commander-in-chief. The petty officers of divisions are to 
be appointed by warrant, on recommendation of the commanding 
officer of their division, by the commanding officer of the naval re¬ 
serves, provided they have passed examinations, prescribed by the 
officer issuing the warrant. The commander-in-chief is authorized to 
appoint officers and seamen of . the United States Navy detailed to 
duty with the naval reserves as instructors to such duties and rank in 
the Naval Reserves as he thinks advisable. 

The number of officers and enlisted men in the Illinois Naval 
Reserve for the years 1902 to 1912 and the Naval Reserves in other 
States for 1912 are shown in the following tables: 


876 EFFICIENCY AND ECONOMY COMMITTEE. 


ENLISTMENT BY YEARS 1902-1912. a 


Year 

Officers 

Enlisted Men 

Total 

1902 

68 

529 

597 

1903 

52 

570 

622 

1904 

55 

536 

591 

1905 

53 

629 

681 

1906 

52 

606 

658 

1907 

54 

637 

661 

1908 

50 

669 

719 

1909 

51 

587 

638 

1910 

49 

525 

574 

1911 

44 

526 

570 

1912 

50 

587 

637 


RELATIVE STRENGTH OF STATES, 1912. a 


State 

Officers 

Enlisted Men 

Total 

New York. 

72 

1096 

1168 

California. 

58 

606 

664 

Illinois. 

50 

587 

637 

Louisiana. 

46 

544 

590 

Massachusetts. 

42 

541 

583 

Michigan. 

41 

434 

475 

New Jersey. 

29 

377 

406 

Ohio... 

23 

319 

342 

North Carolina. 

44 

265 

309 


a. From U. S. Statistical Abstract. 


Personnel. 

Enlisted Men. 

Able bodied men of good character, eighteen 3 to forty-five years of 
age, literate and citizens of the United States, or intending to become 
such, may enlist for a term of not less than three years. Musicians, 
members of hospital corps, etc., may enlist as such. Minors may not 
enlist without the consent of parent or guardian. Persons dishonor¬ 
ably discharged from any United States military organization are 
ineligible. Men honorably discharged even though over forty-five may 
re-enlist, with the privilege of withdrawing after a year unless in 
active service at the time. 

All candidates must sign enlistment papers and take an oath. 
They may transfer from one company to another, but a man absent 
from drill four successive times will be dropped from the roll, and 
on remaining absent two months without leave will be reported as a 
deserter. A dropped man may be re-enlisted within two years. War¬ 
rant, non-commissioned, or petty officers may be reduced to the ranks. 

Enlisted men may receive a formal discharge from their superior 
officer on expiration of term of enlistment, on application approved 
by commander-in-chief, application of immediate commander approved 
by commander-in-chief, sentence of court martial or conviction of 
felony by a civil court. 


3 In the code under head “enlisted men” a minimum age of sixteen is provided. 
In the general statement of organization the minimum is eighteen. The discrepancy 
was found to be due to a typographical error in the former case and a general order 
was issued directing the discharge of all men under eighteen. From information 
contained in letters from the Adjutant General and the Judge Advocate General of the 
Illinois National Guard. 














MILITARY ADMINISTRATION. 


f 


877 


The discharge may be honorable, dishonorable or without honor. 
Honorable discharge is given to men whose service has been honest 
and faithful, to whom a character of “good” or better is given by 
immediate commander. Dishonorable discharge is given in case of 
discharge by court martial or conviction of felony in a civil court. 
Discharge without honor is given where the service has not been 
honest and faithful. In this case the party has a right of defense. 
Those discharged without honor cannot re-enlist, except under order 
of the commander-in-chief, or hold any office under the state for a 
period of five years. 

Officers. 

The commander-in-chief makes all appointments to commissioned 
rank in the organized militia and signs all commissions which must 
be attested and issued by the Adjutant General. He selects his per¬ 
sonal staff and appoints the general officers of the national guard from 
those above the grade of major who have served as officers for seven 
years. Staff officers in regiments and brigades, he appoints at the 
recommendation of their immediate commander, and they hold office 
at the latter’s discretion. The commander-in-chief must approve all 
elections and recommendations for appointments. Appointments must 
specify grade, regiment, brigade, etc., and must be formally accepted 
before commission issues. 

Colonel, lieutenant colonel, and major of the line are filled by 
election. All company officers commissioned in regiment or separate 
battalions are entitled to vote. Company officers are filled by general 
election in the company. The commander-in-chief orders meetings 
for regimental elections through the officer appointed to preside, who 
must give one week’s notice by mail to each person entitled to vote. 
Voting is by ballot and a majority elects. In case of failure to elect, 
the commander-in-chief appoints on recommendation of the inter¬ 
mediate commander. In company elections no one may vote who has 
not been enlisted at least four months previously to the election. A 
certified list of those privileged to vote must be posted before the 
election. 

Recommendations for appointments and reports of elections must 
be forwarded to the Adjutant General through the intermediate com¬ 
mander who endorses his approval or disapproval. The same general 
principles of election, appointment and reporting apply to the Naval 
Reserve. 

All officers hold tenure until vacated by death, resignation, retire¬ 
ment, acceptance of another commission in the state military or naval 
service, sentence of court martial, or finding of board of officers, pro¬ 
vided that officers below the rank of lieutenant colonel must be re¬ 
examined physically and professionally every five years, and others 
at the discretion of the commanding officer. Appointments and pro¬ 
motions below the rank of lieutenant colonel are contingent upon 
passing examinations prescribed by the commander-in-chief. 

The commander-in-chief may provide for proper examinations 
which must be uniform for the same rank but may be occasionally 
changed. Those passing examinations receive a certificate and their 
record is filed in the office of the adjutant general. The certificate of 


878 


EFFICIENCY AND ECONOMY COMMITTEE. 


examination is good for two years, but a new physical examination 
may be required after six months. 

Any officer may recommend that an officer under his command 
deemed undesirable be examined by a board of officers for investiga¬ 
tion. In such a case the commander-in-chief convenes a board of 
three to five officers, one of whom must be a medical officer, to conduct 
an examination and report its findings to the Adjutant General. If 
the officer is found undesirable and the commander-in-chief approves 
of their action, the commission is vacated. 

The Retired List. 

The commissioned officers may retire after ten year’s service. If 
they have served twenty years, they may retire at the next higher 
grade. All commissioned officers must retire at the age of sixty-five. 
Officers may be retired for physical disability, on the recommendation 
of a retiring board of five officers, two of them medical. If the dis¬ 
ability was received in line of duty they may retire with the next 
higher grade. The commander-in-chief may commission a private 
as second lieutenant or ensign by brevet, and retire him upon recom¬ 
mendation of his commanding officer, after fifteen years’ service. 
The commander-in-chief may detail retired officers for duty under 
proper rank. A retired officer may re-enter active service taking the 
rank of the office to which he is appointed. 

Pay and Allowance. 

The Adjutant General receives a salary of $5,000; the Adjutant 
General, chief assistant to the Adjutant General, $3,500; the assis¬ 
tant quartermaster general, $3,500; the assistant quartermaster in 
charge of the State arsenal, $1,500; and other officers while in actual 
service receive the same salaries as are given in the United States 
Army. Transportation is furnished on all occasions. 

Those disabled in the service are given free medical treatment for 
thirty days or for six months at the recommendation of a board of 
three medical officers. Further claims for injuries or for death or 
wounds received in the service must be made before the State court 
of claims. All such payments are made from the military emergency 
fund. 

The members of the organized militia are exempt from jury duty, 
road labor and poll tax, and are privileged from arrest while in the 
actual service of the State except for treason, felony or breach of the 
peace. 

Equipment, Drills, Armories, etc. 

The uniform must conform to that of the United States army or 
navy, and may not be removed or loaned from the armory except 
at command. The quartermaster is authorized to purchase uniforms 
and equipment from the United States Government to sell to officers 
and men. 

Every organization must have suitable drill rooms and lockers 
before any military stores or goods will be furnished. The com¬ 
mander-in-chief may require a bond from officers in charge of public 


MILITARY ADMINISTRATION. 


879 


property or stores in armories, arsenals, etc. Naval forces must be 
situated near a suitable body of water. 

Target ranges and armories are under the control of the Adju¬ 
tant General. 

The commander-in-chief and the captain of the Naval Reserve 
regulate the number and character of drills, of which there must be 
at least forty a year. All companies must be given rifle practice at 
the order of the commander-in-chief. The commander-in-chief 
arranges an annual camp for the National Guard and an annual cruise 
for the Naval Reserve, of eight to twelve days duration, and provides 
camp regulations covering such matters as disobedience, disorderly 
conduct, sale of spirituous liquors, insulting officers, etc. 

The State has built a combined arsenal, armory and museum at 
Springheld, and several regimental armories in Chicago, with several 
others authorized. The Springfield arsenal and armory was authorized 
in 1901 with an appropriation of $150,000 for building. It is located 
north of the capitol grounds with a length of 310 feet and a width 
of 154 feet. The armory hall is 136 by 220 feet, with a 200 foot rifle 
range in the basement. The south end of the building contains the 
arsenal and museum, and also company rooms, officer’s quarters and 
brigade and regimental headquarters. 

Camp Lincoln comprises 150 acres at the northwest of the city 
of Springfield; and is used for the annual encampments and tour of 
instruction. It contains a parade ground, drill ground, a 1000 yard 
riffle range, and tenting grounds, with buildings for stores, horse sheds 
and bath rooms. 

Camp Logan, on the shore of Lake Michigan, north of Waukegan, 
covers about 260 acres; and is used by the militia in the northern part 
of the State during the target season—from April 1 to October 31. 
There are also a number of smaller rifle ranges at various points in 
the State where companies are located. 

Mobs, Riots and Disturbances. 

The Governor may call but the military forces to suppress mobs, 
riots or disturbances; and on such occasions commanding officers may 
make arrests without process. Civil officers may direct the military 
officers as to the purpose to be accomplished, but may not control the 
military officers’ discretion as to the proper means to be pursued. The 
military authorities have power to disperse mobs and are not liable 
for deaths or injury resulting in the performance of such duty. In 
the case of a death in the course of duty, the commanding officers must 
convene a court of inquiry, composed of two to five commissioned 
officers, as soon as practicable and transmit its findings to the Adju¬ 
tant General through military channels. This finding should recom¬ 
mend discharge or holding to trial. Enlisted men on trial before a 
civil or criminal court for acts done while under military order must 
be defended at the expense of the State, if the Attorney-General is 
first consulted. Such expenses are to be paid out of the military 
emergency fund or the military fund. 

Contingents of the organized militia may not leave the State with¬ 
out the order of the commander-in-chief. 


880 


EFFICIENCY AND ECONOMY COMMITTEE. 


It is made a misdemeanor for any person to make the member¬ 
ship of another person in the national guard or naval reserves serve as 
a detriment to the latter’s progress in business, trade or professional 
work. The State’s attorney must resist all applications for habeas 
corpus made by persons convicted by court martial. 

3. COMMANDER-IN-CHIEF. 

The Governor is commander-in-chief of the State militia. As 
such he may call out the unorganized or reserve militia when necessary 
and organize them. He may alter the organization of the organized 
militia subject to the limitation that he may not increase the total 
number of brigades, regiments, battalions, companies, etc., prescribed 
by law. His discretion is also limited by legislation and orders of 
the national government, if the State desires to participate in the 
national militia appropriation. In time of war, insurrection or rea¬ 
sonable danger, he may increase the authorized enlistments to the full 
war strength prescribed by the United States army regulations ; but 
after the emergency, the enlistment must return to the prescribed peace 
basis. He may also make rules and regulations; but the organization, 
discipline and equipment of the organized militia must conform so 
far as practicable to that of the United States army. 

The commander-in-chief appoints a personal staff of ten aides, 
four of them not above the grade of colonel, at discretion, and six 
below the grade of colonel from among the commissioned officers of 
the Illinois National Guard or Illinois Naval Reserve. The aides hold 
office at the discretion of the Governor and retire at the expiration ol 
his term. The commander-in-chief appoints three main staff officers; 
an Adjutant General with the rank of brigadier general who is 
ex officio chief of staff, inspector general, quartermaster general, com¬ 
missary general, paymaster general, and chief of ordnance of State 
forces; a surgeon-general with the rank of colonel; and a judge 
advocate with the rank of colonel. On the recommendation of the 
Adjutant General, he appoints from the organized militia not below 
the rank of captain or lieutenant respectively, five assistants to the 
Adjutant General as follows: an adjutant general, inspector general, 
assistant quartermaster general, and ordnance officer with the rank of 
colonel, and an assistant quartermaster with the rank of captain. 

The adjutant general, and his assistants must be of military train¬ 
ing and have had five year’s experience as an officer, and the adju¬ 
tant general, assistant adjutant general, assistant quartermaster gen¬ 
eral and assistant quartermaster must reside at the Capitol and give 
their entire time to their military duties. The surgeon general and 
judge-advocate must be of military training with five years’ experience 
as an officer and ten years’ experience in the practice of medicine and 
of the law respectively. 

4. THE STAFF DEPARTMENTS. 

Adjutant Generals Department. 

The Adjutant General’s Department consists of the Adjutant Gen¬ 
eral and five adjutant generals acting as assistants. An Adjutant 
General with the rank of colonel acts as chief assistant to the Adjutant 


MILITARY ADMINISTRATION. 


881 


General. The other adjutant generals rank as lieutenant colonel or 
major and are assigned duties on the staffs of brigade commanders. 

The Adjutant General issues, transmits and keeps record of all 
orders and regulations of the commander-in-chief and all matters per¬ 
taining to the unorganized militia, the National Guard and the Naval 
Reserve. He keeps a record of all appointments, elections, commis¬ 
sions and enlistments and a military history of each member of the 
State military forces. He has charge of all correspondence and 
records the services of each troop. He preserves colors, flags, guidons, 
and military trophies and furnishes all necessary blanks, forms and 
instruction books. 

He has supervision of State arsenals and armories, grounds, 
buildings and rifle ranges. He oversees the purchase of military sup¬ 
plies ordered by the commander-in-chief, having power to buy in 
amounts of less than $100 at discretion and in amounts over $100 
from the lowest bidder after proper advertisement. Money received 
from the sale of damaged or surplus supplies is to be put in the treas¬ 
ury as “The State Military Fund” to be used only for military 
purposes. 

On or before the first of November preceding the regular session 
of the General Assembly he must prepare a report of all the transac¬ 
tions of his office for the two preceding years to be presented to the 
legislature. 

The above duties are placed by law in the Adjutant General’s 
office; but as a matter of fact, the duties of that officer are much more 
extensive, as all of the administrative departments except those of the 
Surgeon General, Judge Advocate, corps of engineers and signal corps 
are concentrated in his person. The Adjutant General is ex officio 
inspector general, quartermaster general, commissary general, pay¬ 
master general, and chief of ordnance; and the duties presently to be 
described as incumbent upon the departments under those officers are 
in reality vested in the Adjutant General making him by far the most 
important military officer in the State. 

In addition to his duties prescribed by State law he is required 
by the Dick Militia Act of 1903 to make an annual report to the 
Division of Militia affairs of the United States War Department at 
Washington. 

The Adjutant General maintains an office in the capitol at 
Springfield, and in the capacity of chief of ordnance one at Camp 
Logan Rifle Range, near Zion City, and in the same capacity two 
offices in Chicago. Including the employees at the State arsenal and 
at Camp Lincoln, he employes twenty persons, aside from the statutory 
officials, in such capacities as watchmen, stenographers, clerks, la¬ 
borers, custodians, etc. 

The Inspector General's Department consists of the inspector 
general, who is the Adjutant General, and three inspector generals, 
one of the rank of colonel and two that of major. The duties of the 
office are to inspect individuals, troops and organizations of the militia. 
The commander-in-chief may detail any officer of the National Guard 
or Naval Reserves to make inspections. The entire organized militia 
must be inspected at least once a year. 


882 


EFFICIENCY AND ECONOMY COMMITTEE. 


The Quartermaster Generals Department consists of the quarter¬ 
master general, who is the Adjutant General, an assistant quarter¬ 
master general of the rank of colonel, two quartermasters of the rank 
of lieutenant-colonel, five quartermasters ranking as majors, and six 
quartermasters with the rank of captain. The duties of the depart¬ 
ment are to furnish means of transportation, clothing, tentage, fuel, 
stoves, animals, forage, water, lighting material, building material, 
stationery, and other supplies not specified to some other department. 
The assistant quartermaster has immediate charge of the State 
arsenal. 

The Subsistence Department is provided by statute to consist of 
a commissary general, who is the Adjutant General, a deputy com¬ 
missary general ranking as lieutenant colonel, three commissaries 
ranking as major, and four post commissary sergeants. By executive 
order this department has been consolidated with the quartermaster 
general’s department. 

The Ordnance Department consists of the Chief of Ordnance, 
who is the Adjutant General, an ordnance officer ranking as colonel, 
and two inspectors of small arms practice, ranking as major. The 
department furnishes ordnance and ordnance stores as defined in the 
United States Army regulations. 

The Pay Department is under the Adjutant General, who acts as 
paymaster general, assisted by officers assigned to such duties by the 
commander-in-chief. It has charge of the disbursement of pay and 
renders accounts of same in the Adjutant General’s report. 

The Corps of Engineers is to consist of the chief engineer with 
the rank of lieutenant colonel and the officers of the engineer’s troops. 
All men on the corps of engineers must have training in some branch 
of engineering science. 

The Signal Corps is provided by statute to consist of a chief 
signal officer ranking as lieutenant, a captain, three first lieutenants, 
five sergeants, first class; nine sergeants, ten corporals, two cooks, 
eighteen privates, first class, and eighteen privates. Two-thirds of the 
corps must be expert telegraphers or electricians. 

JUDGE ADVOCATE GENERAL’S DEPARTMENT. 

The Judge Advocate Generals Department consists of the Judge 
Advocate of the rank of colonel who performs the office of Judge 
Advocate General, a judge advocate of the rank of lieutenant colonel, 
and one of the rank of major. The department is charged with the 
duty of preferring charges against members of the State forces, giv¬ 
ing advice as to the legality of proceedings and sentences of court 
martial, passing on the action of courts of inquiry, drafting contracts, 
deeds, leases, etc. It is to act as the legal adviser to the commander- 
in-chief, and the Adjutant General in matters pertaining to the military 
and naval service of the State. Any officer may be detailed to act as 
judge advocate of a court martial. 

Military Offenses are, wrongly enlisting minors, false certifica¬ 
tion, secreting stores, disrespect to superiors, striking superiors, fail- 


MILITARY ADMINISTRATION. 


883 


ing to report, conduct unbecoming an officer, conduct prejudical to 
good order, wilful absenting from drill for two months, desertion, 
larceny or other felony. All are subject to trial by court martial. An 
enlisted man is not liable in a civil court for taking life in discharge 
of military duty. 

Courts Martial are general or summary, the former alone having 
jurisdiction to try the more serious offenses. General courts martial 
may be summoned by the commander-in-chief or division commander 
within his own command, the summoning officer naming from five to 
thirteen officers to serve. Commissioned officers are not if possible 
to be tried by officers of inferior rank and may only be tried at gen¬ 
eral court martial. The general court martial may try officers or 
enlisted men for military offenses mentioned in the code, and may 
punish by cashiering and dismissal, reduction, reprimand, dishonor¬ 
able discharge, fine or imprisonment, or both. More serious offenses 
such as felonies may only be tried in a full court of thirteen, and sen¬ 
tence must be imposed according to the Illinois criminal code. In 
such trials the State’s attorney of the county where the crime took 
place may be present. 

Summary courts martial may be summoned and appointed by the 
commanding officer of a division, brigade, regiment, unassigned battal¬ 
ion, ships crew or detached company or other independent organiza¬ 
tion. They may try enlisted men for minor offenses and impose 
sentence of reprimand, forfeiture of pay, fine under $5.00 or prison 
under five days. 

The procedure in courts martial must conform to that in the 
United States Army, the accused being given the right of representa¬ 
tion by counsel or a suitable officer. Findings of courts martial may 
be remitted or mitigated or commuted by the officer preferring the 
charge. Sentence of dismissal, fine of over $100, imprisonment over 
thirty days must be approved by the commander-in-chief before going 
into effect. 

Witnesses may be summoned by subpoena of the judge advocate. 
Witnesses refusing to testify or appear may be arrested and treated 
as in a civil court. Witness fees are the same as in a civil court. The 
Auditor of Public Accounts is directed to issue warrants for the pay¬ 
ment of such accounts certified by the Adjutant General and approved 
by the commander-in-chief. 

Fines imposed by general court martial may be deducted from 
back pay due, or the Adjutant General may issue a warrant for their 
collection to the sheriff or constable of the county where the person 
resides. The sheriff must collect as in a civil case and pay within 
twenty days to the Adjutant General. If he cannot collect, the 
Adjutant General shall issue a warrant of committment and the sheriff 
shall then confine the delinquent in jail, for each dollar of fine due. 
In the case of summary court martial the officer summoning the court 
may issue similar warrants. 

The Adjutant General must issue warrants for commitment to 
jail or penitentiary according to the decision of courts martial. The 
sheriff must obey orders of courts martial and the warrants of the 
Adjutant General or other officer. All fines are paid into the State 


884 


EFFICIENCY AND ECONOMY COMMITTEE. 


treasury and accredited to the military fund of the State. Judge 
Advocates of general courts martial and officers of summary courts 
martial are empowered to take oaths and depositions. 

MEDICAL DEPARTMENT. 

The Medical Department is provided by statute to consist of the 
medical corps, the hospital corps and the medical reserve corps. All 
appointments to medical offices are made upon recommendation of 
the commanding officer of the organization where the party is to serve 
subject to passage of examination prescribed by the Surgeon General 
and approval by the Surgeon General. All appointees of the medical 
and medical reserve corps must be graduates of reputable medical 
colleges. Captains in the medical corps are ordinarily filled by 
advancement of lieutenants. 

The Medical Corps consists of the Surgeon General with the 
rank of lieutenant colonel; fifteen surgeon majors, one in each regi¬ 
ment, one in command of the field hospital and one as secretary to 
the Surgeon General; and assistant surgeons ranking as captain in 
each regiment and battalion, one at head of hospital section of field 
hospital and one at head of ambulance section of field hospital; and 
assistant surgeons ranking as lieutenants, two for each regiment, one 
for each battalion, four for duty in field hospital and one for duty 
in signal corps. Medical lieutenants are to be promoted to medical 
captains after three years’ service. Medical officers must live at the 
station of their troops. 

The Hospital Corps consists of non-commissioned officers and 
privates as provided in United States Army regulations. The hospital 
corps detachments are attached to regimental and battalion head¬ 
quarters. 

The Medical Reserve Corps consists of not more than thirty 
assistant surgeons of the rank of first lieutentant appointed by the 
commander-in-chief. They are privileged to wear a uniform but it is 
not compulsory. 

The Naval Reserve is provided with one surgeon ranking as 
lieutenant commander, four past assistant surgeons ranking as lieu¬ 
tenants, two pharmacists, four hospital stewards, and twenty-four 
hospital apprentices. 

The duties of the medical corps and the medical reserve corps 
are to perform medical examinations at the direction of the surgeon 
general and to have general oversight of health and sanitation. 

5. FINANCES. 

The following tables of appropriations and expenditures on 
account of the State Militia show a marked increase, especially in 
the past few years. Before the passage of the militia code of 1877, 
the expenses for the State militia were insignificant. From that time 
for eighteen years, the total militia expenditure averaged more than 
$100,000 a year, or nearly $250,000 for each biennium. In 1895 there 
was a large increase in the appropriations, to more than $700,000 for 
the biennium; and while the amount was considerably reduced in 
1897, the appropriations and expenditures for the following twelve 


MILITARY ADMINISTRATION, 


885 


years averaged more than $400,000 a year, or $800,000 a biennium, 
rhe appropriations and authorized expenditures in 1909 were $928,- 
942; in 1911 they were increased to $1,296,475; and in 1913 they were 
increased again to $1,808,495,—nearly twice the amount authorized 
in 1909. Most of this recent increase is in appropriations for armor¬ 
ies , and it should be noted that $318,000 of the appropriations of 
1913 were re-appropriations of amounts lapsed from armory appro¬ 
priations of 1911. 


MILITARY APPROPRIATIONS AND EXPENDITURES. 


Dec. 1, 1872 
Nov. 30, 1874 
Dec. 1, 1874 
Sept. 30, 1876 
Oct. 1, 1876 
Sept. 30, 1878 
Oct. 1, 1878 
Sept. 30, 1880-81 
1881 

1883 

1885 

1887 

1889 

1891 

1893 

1895 

1897 

1899 

1901 

1903 

1905 

1907 

1909 

1911 

1913 


Appropriations 


$226,327.63 

142,000.00 

168,000.00 

265,922.54 

371,604.07 

173,600.00 

278,600.00 

266,500.00 

724,421.98 

468,880.00 

1,052,878.02 

803,480.00 

875,117.00 

633,905.00 

1,021,435.00 

904,942.00 

1,272,475.83 

1,784,495.65 


From Apprns. 
for Nat. Gd. 

$ 6,129.08 

16,373.37 

39,229.51 

213,881.80 

69,701.86 

70.843.50 
77,966.07 

122,398.82 

45,901.09 

221.841.72 
42,512.05 

285.754.73 
85,619.01 

118.726.49 

54.873.51 

224.250.50 

54,349,50 

176,736.97 
89,597.33 
638,798.39 
85,623.55 
326,592.90 

132.462.10 
854,670.30 
164,359.95 
631,140.55 

129.355.44 
726,351.68 

206.704.11 
417,605.87 
216,339.13 
780,559.01 
231,525.57 
650,203.09 
248,180.21 

629.437.45 


Warrants 
Drawn from 
Salaries Appn. 

$ 3,000.00 

2,875.00 

4,224.94 

4,000.00 

1,000.00 

3,000.00 

2,000.00 

2,000.00 

2,200.00 

3,000.00 

3,000.00 

3,000.00 

2,250.00 

3,750.00 

2,250.00 

3,750.00 

2,250.00 

3,750.00 

3,000.00 

3,750.00 

3,000.00 

2,250.00 

3,000.00 

3,000.00 

3,750.00 

2.916.67 
3,125.00 
3,500.00 
4,874.98 
6,125.02 
5,333.30 

5.666.68 
4,183.33 
8,747.22 

12,000.00 

12,000.00 


Total 

Two-year 

Periods 

$ 9,129.08 

19,248.37 

43,454.45 

217.881.80 

143,544.36 

204,364.89 

272.942.81 
334,266.78 
210,345.50 
285,124.01 
237,086.47 
735,145.72 
417,466.45 
993,132.40 
812,166.67 
862,232.12 
635,309.98 

1,007,998.12 

894,659.21 

901,617.66 


886 


EFFICIENCY AND ECONOMY COMMITTEE. 


ANALYSIS OF MILITARY APPROPRIATIONS. 

1909—1911—1913 


Illinois National Guard 

and 


Naval Reserve 


1909 

1911 

1913 

Ordinary Expenses . 


.$700,544.00 

$ 779,834.00 

$ 779,834.00 

Uniforms. 


. 81,495.00 

11,534.30 

12,000.00 

Armories. 


15,000.00 

402,212.53 

a778,090.55 

Camp Improvements. 


. 26,950.00 



Vessels for Naval Reserve 


7,673.00 

5,015.00 


Emergency Fund. 


. 50,000.00 

50,000.00 

50,000.00 

Special Appropriations. ... 




140,291.12 

Totals. 


.881,662.00 

1,248,595.83 

1,760,215.67 

Adjutant General’s Office. . 


. 23,280.00 

23,880.00 

24,280.00 

Totals. 


904,942.00 

1,272,475.83 

1,784,495.77 

From Salary Appropriations. 

, 24,000.00 

24,000.00 

24,000.00 

Grand Totals . 


$928,942.00 

$1,296,475.83 

$1,808,495.77 

a. $318 reappropriated. 





ANALYSIS OF MILITARY EXPENDITURES, 1910-12a 


Illinois National Guard. 

Total. 




Oct. 1,1910- 

Oct. 1,1910- 

July 1,1911- 

July 1,1912- 

Sept. 30,1912 

June 30, 1911 

June 30,1912 Sept. 30,1912 

Armory, rent, fuel, light, 





etc.$219,539.1-2 

$ 54,620.95 

$110,323.81 

$ 54,594.36 

Camp and garrison equip¬ 





age, clothing and equip¬ 
ment . 

28,164.98 

9,312.01 

12,536.66 

6,316.31 

Pay of officers and troops 
Transportation of officers 

94,424.21 

11,211.36 

45,333.34 

37,879.51 

and troops .-. ... 

75,716.96 

37,700.61 

26,707.08 

11,009.27 

Subsistence . 

48,075.63 

1,706.30 

23,212.20 

23,157.13 

Horse hire and forage... 

63,717.97 

2,486.67 

42,600.63 

18,630.67 

Rifle practice . 

Pay of permanent sal¬ 

59,775.46 

17,147.80 

30,138.69 

12,488.97 

aried officers, clerks, en¬ 
listed men and civil 
employees . 

35,158.25 

13,923.08 

12,318.31 

7,916.86 

Miscellaneous expense .. 

34,323.44 

10,595.57 

17,185.82 

6,542.05 

Totals, Illinois National 





Guard.$658,896.02 

$158,704.35 

$320,356.54 

$178,835.13 

a. From Biennial Report of the Adjutant General of Illinois, 1911-1912, p. 141. 
































MILITARY ADMINISTRATION. 


887 


Illinois Naval Reserve. 

Total. 

Oct. 1,1910- Oct. 1,1910- July 1,1911- July 1,1912- 
A Sept. 30,1912 June 30, 1911 June 30,1912 Sept. 30,1912 

Armory, rent, fuel, light, 


janitor, etc. 

..“.. .'$ 26,290.22 

$ 6,692.47 

$ 12,386.68 

$ 

7,211.07 

Pay of officers and 

men. 23,488.27 

9,235.23 

7,667.25 


6,585.79 

Transportation of officers 





and men . 

. 44.00 




44.00 

Subsistence . 





4,151.91 

Dockage and repair. 

. 812.58 

40.00 

469.18 


303.40 

Steam engineering . 

. 378.85 


378.85 



Guns and small 

arms * 





practice . 

. 15.00 




15.00 

Pay of permanent 

sal- 





aried officers, clerks, en- 





listed men and 

civil 





employees . 

. 1,231.02 


607.50 


1,223.52 

Miscellaneous Expense .. 2,097.85 

4 

293.65 

1,429.15 


375.05 

Totals, Illinois Naval Re- 





serve . 

....$ 62,951.24 

$ 16,261.35 

$ 26,780.15. 

$ 19,909.74 

Special Expenses. 







Total. 






Oct. 1,1910- 

Oct. 1,1910- 

July 1,1911- 

July 1,1912- 


Sept. 30, 1912 

June 30, 1911 

June 30, 1912 Sept. 30,1912 

Office expenses and 

clerk 





hire . 

.$ 23,704.81 

$ 8,295.00 

$ 12,055.16 

$ 

3,354.65 

Uniforms . 

. 37,048.50 

27,782.00 

9,204.05 


62.45 

Camo improvements 

.... 1,824.93 

1,824.93 




Armories . 

. 65,511.38 


64,712.53 


798.85 

Emergency . 

. 41,616.48 

7,520.36 

33,615.00 


481.12 

Total Special Expenses. .$ 16,706.10 

$ 45,422.29 

$119,586.74 

$ 

4,697.07 

Grand Totals . 

.....$890,553.36 

$220,387.99 

$466,723.43 

$203,441.94 


6. COMMENTS. 





The Illinois statutes relating to the militia have been largely 
modeled upon the Dick Militia Act and the United States laws which 
preceded it, in many cases the wording being identical. The actual 
organization of the militia conforms to the provisions of Circular No. 
8, of the United States War Department and thus is in harmony with 
the requirements of the Dick Militia Act even where there is not an 
exact conformity in the Illinois statutes. 

From the reports of the United States officers who have inspected 
the Illinois militia, as printed in the Adjutant General’s reports, it 
appears that the militia of Illinois is satisfactorily organized and has 
an excellent personnel. Reports of 1907-08 indicated a need of 
improvement in discipline and military knowledge on the part of both 
officers and men. One of the reports objected to the elective sys¬ 
tem of choosing officers on the ground that it is bad for discipline. 4 
The occupants of elective offices, however, are permitted by the act 
of 1909, to hold their offices, subject to courts of inquiry and courts 
martial until they reach the retirement age, thus the lack of discipline, 
resulting from insecurity of the tenure of officers, is largely eliminated. 


4 Adjutant General’s Report, 1907-08, p. 289. 




























888 EFFICIENCY AND ECONOMY COMMITTEE. 

The reports of federal inspecting officers of 1914, indicate material 
improvement in the matters previously complained of. 

The general impression is that the State is trying to bring its 
militia up to the standard set by the United States law, and that 
progress is being made in that direction; but that the task of properly 
disciplining raw men in the comparatively few drills prescribed by 
law is a very difficult matter. The reports indicate that in most cases 
the drill and encampment requirements are being observed. 

A more serious criticism of the Illinois National Guard may be 
found in its low enlistment relative to the population as compared with 
other states. The table shown elsewhere indicates that Illinois is tenth 
among the states in proportional National Guard enlistment. While 
the National Guard enlistment for the whole United States is 132 per 
100,000 population, in Illinois it is only 109. Illinois is surpassed not 
only by the larger states as New York and Pennsylvania, but also by a 
number of smaller states, such as Massachusetts, New Jersey, Ohio, 
Iowa, Wisconsin, Alabama and California. 

The tables given elsewhere in this report indicates that the enlist¬ 
ment in the Illinois National Guard has declined in the last few years. 
In 1912 the number of enlisted men was only 5,586, as compared with 
6,524 in 1901 and 6,165 in 1909. This phenomenon was asserted to 
be general, in the report of the committee in the United States House 
of Representatives upon the Pepper Pay Bill, which was advocated 
in 1912, among other reasons, as a remedy for the lack of enthusiasm 
for militia service. 5 But in the past few years the enlistments in other 
states has shown an increase, while in Illinois it has continued to 
decline. 

The enlistment in the Naval Reserve has not shown such a 
decline, though its enrollment has been fluctuating and the number 
enlisted in 1912 was not so great as from 1905 to 1908. 


6 62nd Congress, 2nd Session, 1&12. House Report 1117, Part 1. 



MILITARY ADMINISTRATION. 


889 


II. THE UNITED STATES GOVERNMENT AND THE 
STATE MILITIA. 

1. NATIONAL LEGISLATION. 

Constitutional Provisions. 

Control of the State Militia of Illinois, as of other states, is 
exercised in part by the United States and in part by the State; and 
some understanding of the authority of the national government is 
necessary to an understanding of the State laws. 

Under the Constitution of the United States, Congress has power: 

To provide for calling forth the militia to execute the laws of the Union, 
suppress insurrections and repel invasions;. 

To provide for organizing, arming, and disciplining the militia, and for 
governing such part of them as may be employed in the service of the 
United States, reserving to the States respectively the appointment of 
the officers, and the authority of training the militia according to the 
discipline prescribed by Congress. 

The Constitution of the United States also provides that: 

The President shall be commander-in-chief ... of the militia of the sev¬ 
eral states when called into the actual service of the United States. 

% 

The Supreme Court of the United States held, in the case of 
Houston v Moore 6 that the states may exercise a concurrent juris¬ 
diction with the United States Government in organizing and dis¬ 
ciplining the militia, and governing them when not in the service of 
the United States. That is, the states may act in matters where the 
National Government has not, or in harmony with the legislation of 
the United States; but where the National Government has acted, its 
law is binding upon the states. In the legislation enacted, Congress 
appears to have covered the ground, and in the main the State legis¬ 
lation has followed the law there determined. 7 

An opinion of Secretary Monroe 8 in 1812 and one of Attorney- 
General Butler in 1835, 9 as well as the practice of the Government, 
has determined that the right of the states to appoint officers when 
the militia is called out by the United States Government does not 
pi event the president as commander-in-chief of the militia from 
appointing general officers to lead them in his stead. 

In the cases of Martin v Mott and Luther v Borden 10 the Supreme 
Court of the United States has held that the power of determining 

6 5 Wheaton, 1. 

7 See Supra, p. 887. 

8 Am. State Papers, Military Affairs, 1, 604. 

®2 Op., 711. 

10 12 Wheaton, 19; 7 Howard, 1. 



890 


EFFICIENCY AND ECONOMY COMMITTEE. 


whether a proper exigency exists for calling forth the militia lies 
entirely within the discretion of the President. 

Congressional Legislation. 

In pursuance of the power to organize the militia, Congress 
passed an Act in 1792 “effectively to provide for the national defense 
by establishing a uniform militia throughout the United States.” The 
Act provided that citizens between eighteen and forty-five years of age 
be enrolled in the militia and arm themselves within six months of 
such enrollment. It provided for the exemption of certain public 
officers and stated that the method of organization was to be left in 
the hands of the states; but a scheme of organization was provided 
which the states might adopt “if the same be convenient,” and as 
a matter of fact that scheme was practically incorporated into the 
first Illinois Militia Law in 1819. The Act also provided that there 
be an Adjutant General in each state whose duty it should be to 
distribute the orders of the commander-in-chief of the states, to 
receive returns of inspections, make abstracts of them and lay them 
annually before the commander-in-chief of the state and the Presi¬ 
dent of the United States. The militia were required to follow the 
rules of discipline of the United States army, and were to receive 
benefits from the United States Government if wounded in the federal 
service. 

This Act continued in force, and its provisions were repeated, 
substantially unchanged in the revised statutes of 1878, under title 
16, “The Militia,” sections 1625 to 1660 inclusive, and remained the 
law until the passage of the Dick Militia Act of 1903. 

In 1789 a law was passed giving the President power to call out 
the militia to repel Indian invasions; and on May 2, 1792 its scope 
was enlarged so as to include the other cases provided in the Con¬ 
stitution. On February 28, 1795 an Act was passed permitting the 
President to call out the militia whenever “the United States shall 
be invaded or be in imminent danger of invasion from any foreign 
nation or Indian tribe;” “whenever the laws of the United States 
shall be opposed or the execution thereof obstructed in any state by 
combinations too powerful to be suppressed by the ordinary course 
of judicial proceedings;” and, upon application .of the legislature of 
a state or the executive when the legislature cannot be convened, “in 
case of an insurrection in any state against the government thereof” 
to call out the militia of other states. Thus the three cases provided 
for in the Constitution were covered. This Act remained' in force 
until the passage of the Dick Militia Act in 1903. 

An Act of 1807 permitted militia companies to volunteer as 
bodies in time of war and retain their own officers. This should be 
distinguished from the power of the President to call out the militia 
as such. 

An Act of July 29, 1861, amended the Act of 1795 for calling 
out the militia so as to confer the power “whenever by reasons of 
unlawful obstructions, combinations, or assemblages of persons or 
rebellion against the authority of the government of the United 
States, it shall become impracticable in the judgment of the Presi- 


MILITARY ADMINISTRATION. 


891 


dent of the United States to enforce, by the ordinary course of 
judicial proceedings, the laws of the United States within any state 
or territory of the United States/' 

In 1871, the Act of 1795 was again amended so as to give the 
President power to call out the militia to protect the civil rights of 
negroes. The Revised Statutes of 1878 practically repeated these 
provisions. 11 

Congressional Appropriations. 

In 1808 an annual appropriation of $200,000 was provided to be 
distributed among the states in proportion to the number of effective 
militia, to be used in the purchase of arms and military equipment. 
This provision was renewed in the Revised Statutes of 1878. 12 

In 1887, the militia appropriation of $200,000 was increased to 
$400,000 to be distributed among the states in proportion to the num- 
ber of senators and representatives the state sent to Washington, pro¬ 
vided the organized militia contained at least one hundred men for 
each senator and representative. The money was to be used for the 
purchase of arms, ordnance stores, quartermasters' stores, and camp 
equipage which were to be furnished under the direction of the Secre¬ 
tary of War from the regular United States Army Supply. Carrying 
out the doctrine laid down in an opinion written by Attorney-Gen¬ 
eral Williams in 1874 13 , the statute stated that title to this property 
continues to vest in the United States Government and consequently 
the states can use it for no purpose, other than that for which it is 
loaned. The Governor must make an annual return of all such prop¬ 
erty to the Secretary of War, and that becoming unserviceable may, 
at the discretion of the Secretary of War, be sold and the money 
returned to the treasury of the United States. 

,An Act of 1894 provided that the militia appropriation was not 
to lapse; and another Act of the same year authorized the Secretary 
of the Navy to loan a vessel of the navy to any state on the applica¬ 
tion of the Governor for the use of the naval militia. 

An Act of 1896 opened the national military parks to the use 
of the militia under regulations to be drawn up by the Secretary of 
War. The Secretary of War was authorized to detail officers of 
the regular army to act as militia instructors at such times. In the 
following year, an act provided that Springfield rifles be issued to 
the militia in exchange for the old arms then held. It also author¬ 
ized the Secretary of War to sell the state government's military 
stores which could be spared in excess of the amount given by the 
annual militia appropriation. 

In 1900 the annual militia appropriation was increased to $1,000,- 
000. In compliance with a provision of the Dick Act of 1903, an 
annual appropriation of $2,000,000 for arms and equipment was pro¬ 
vided, thus, reserving the earlier annual appropriation for use in pro¬ 
moting camps and drills. 


“Sections 1642, 5297, 5298, 5299. 
“Section 1661. 

“14 Op., 490. 



892 


EFFICIENCY AND ECONOMY COMMITTEE. 


In 1906 the regular appropriation was increased to $2,000,000 
which sum was not to lapse. Thus the total federal aid to the militia 
is now $4,000,000 annually. The Act of 1906 also provided that if 
the United States property in the hands of a state be lost or destroyed 
an examination be held by a disinterested surveying officer of the 
militia. His report is to be forwarded by the Governor to the Secre¬ 
tary of War. If the latter deems the loss unavoidable, no change 
is to be made, but if it appears that the loss could have been avoided, 
the value is to be debited against the states allotment in the annual 
militia appropriation. 

The Dick Act and Subsequent Legislation. 

The Act of January 21, 1903, known as. the Dick Act is largely 
based on the Act of 1792 repeating large sections of it verbatim, but 
makes important changes designed to increase the efficiency of the 
militia by withholding a share of the government appropriation from 
states that do not enforce a certain standard of drill and rifle practice 
and by endeavoring to make the militia more definitely a part of the 
national forces. 

Before the passage of the Act, the idea of the militia had 
changed, from that of a force composed of the whole citizenship of 
a state capable of bearing arms, and intended primarily as a posse 
comitatus to aid the state in the execution of justice, to that of a 
select, organized body of the citizens, known as the National Guard, 
and intended not only as an auxiliary police force of the state, but 
also as a “second line of defense” for the national government. It 
was the influence of those who wished to strengthen our national 
defense that secured the passage of the Dick Bill. 

This Act declared the militia to be composed of all able bodied ' 
male citizens and foreigners, having declared their intention of becom¬ 
ing such, eighteen to forty-five years old. These are divided into 
two classes, the organized militia known as the National Guard and 
the Reserve Militia. Specified officers and employees of the United 
States, and those exempted by state law, and persons belonging to 
religious sects opposed to war are exempt from militia service. 

The organization and discipline of the National Guard is to 
be the same as in the United States army. In time of peace the 
President may fix a minimum of men for each company, battery, 
troop or corps. 

The President may call out the militia for a specified time not 
to exceed nine months to suppress rebellion or repel invasion, and 
where the militia of more than one state is called out may at his 
discretion apportion it according to representative population. When 
called out by the President every militia officer and man is to be mus¬ 
tered by regular United States mustering officers, and may be tried 
by court martial for failure to appear for such mustering in. Courts 
martial for the trial of militia are to be conducted by militia officers 
only. 

When in the actual service of the United States the militia is 
subject to the United gtates QTVfiy regulations and receives the same 


MILITARY ADMINISTRATION. 893 

pay as regular army officers and men of the same rank, from the time 
of appearing at the rendezvous. 

The Adjutant General of each state is to make a return to the 
Secretary of War at such time in such form as the latter may pre¬ 
scribe and the Secretary of War must transmit the same annually 
to Congress. 

The Secretary of War is authorized to issue standard United 
States arms and accoutrements to states in sufficient quantity to sup¬ 
ply all the organized militia, in exchange for old arms, without charg¬ 
ing it against the state’s allotment of the annual militia appropriation. 
This remains the property of the United States and must be accounted 
for annually by the Governor. An appropriation of $2,000,000 
annually for this purpose was included in the army appropriation act 
of 1903. 

The Secretary of War must have all the militia inspected at least 
once a year; and if such inspection shows that the militia is adequately 
equipped and armed, he may on the requisition of the Governor pay 
to the state quartermaster or designated officer, a portion of the 
state’s annual allotment, sufficient to pay for a militia encampment, 
including transportation, subsistence, pay of men, officers and instruc¬ 
tors. While in such camps, officers and men are to receive the pay 
of officers and men of the same grade in the regular army. Expenses 
for such participation are. to be paid from the appropriation for the 
regular army and not from the state’s militia allotment. 

Militia officers attending military schools or colleges are to 
receive the same traveling allowances, and commutation of quarters 
as regular army officers. 

The annual militia allotments are to be available for stores sup¬ 
plies and publications issued to the regular army. Additional sup¬ 
plies in excess of the allotment may be purchased from the Govern¬ 
ment for cash. 

All states receiving a portion of the annual militia appropriation 
must have their troops participate in a camp of instruction for at 
least five consecutive days during the year, and assemble for drill 
or target practice at the regimental armory not less than twenty-four 
times a year; and there must be at least one inspection a year of each 
company, troop, battery, corps, etc., by a militia or regular army 
officer. 

Upon application of any Governor of a State sharing in the 
militia appropriation the Secretary of War must detail an officer of 
the regular army to attend a militia encampment, to give instruction 
and information and make a report to the Secretary of War who 
will furnish a copy to the Governor. Upon the request of the Gov¬ 
ernor, the Secretary of War may at his discretion furnish an officer 
for regular duty with the militia, such commission to be revoked at 
the request of the Governor or at the pleasure of the Secretary of 
War. 

The United States is to furnish target practice ammunition under 
direction of a proper military officer. Militia men wounded or 
killed in the service of the United States are to be entitled to the 
benefit of United States Pension Laws. 


894 


EFFICIENCY AND ECONOMY COMMITTEE. 


The Secretary of War is authorized to convene Boards of 
Officers at different parts of the country to ascertain suitable persons 
outside of the militia, to take command of volunteer forces in case 
of necessity, considering in such selection, previous experience, train¬ 
ing, education, etc. The board’s findings are to be certified to the 
War Department and after approval by the President of the United 
States, such names are to be entered in an official register in the War 
Department. Such registered persons are to be eligible to commis¬ 
sions in time of emergency; and the President may authorize any 
of them to receive military training at a military academy or college, 
provided no one may under such conditions, receive a commission, 
as second lieutenant beyond the age of thirty, first lieutenant beyond 
thirty-five, captain beyond forty, major beyond forty-five, lieutenant 
colonel beyond fifty or colonel beyond fifty-five. Names on this 
registered list are to be distributed as nearly as possible proportion¬ 
ately among the state. Any volunteer forces called for by authority 
of Congress are to be organized according to the War Act of April 
22, 1898. 

Although some of the advocates of the bill thought that it had 
done much to nationalize the militia, and had made it immediately 
available in case of war as a “second line of defense” 14 such does not 
appear to have been the case. The Dick Bill altered the legal rela¬ 
tion of the militia to the national government very little. It did, how¬ 
ever, offer more aid, and by its system of inspection and cooperative 
maneuvers with the regular army undoubtedly has increased the 
efficiency of the National Guard, as a fighting force. 15 

The advocates of the “second line of defense” idea succeeded 
in having the Dick Act amended in 1908; and on this occasion 
secured an act of Congress making the militia available for war; but 
unfortunately for their purpose this act has been declared uncon¬ 
stitutional by the Attorney-General 16 so far as it attempted to accom¬ 
plish this end. 

The amendment of May 27, 1908 states that the previous act 
applies only to the land forces of the militia. 

The President was authorized to call out the militia for a speci¬ 
fied time (the nine months’ limitation being eliminated) “whenever 
the United States is invaded or in danger of invasion from any for¬ 
eign nation or of rebellion against the authority of the government 
of the United States, or the President is unable with the other forces 
at his command to execute the laws of the Union.” It also provided 
that when called out “the militia shall continue to serve during the 
time so specified, either within or without the territory of the United 
States unless sooner relieved by the order of the President.” This 
last phrase which is the first specific authority for the use of the 
militia outside of the territory of the United States, was thought to 
be permissible by an opinion of Judge Advocate General G. B. Davis 
in 1908 17 on the ground that Congress in declaring war, made a law 

14 See North Am. Rev., 1903, Vol. 177, p. 278. 

15 See The Nation, 1903, Vol. 77, p. 128. 

16 29 Op. 322. 

17 See Cong. Record, 60tli Congress, 1st Session, 1908, Vol. 42, p. 6943. 



MILITARY ADMINISTRATION. 


895 


of extra territorial effect, for the execution of which the President 
could call out the militia for service outside of the country. 

Under the Act of 1908 militia officers and men were to be mus¬ 
tered into service of the United States without further enlistment 
or medical examination, provided the states have organized a satis¬ 
factory examination system, and must present themselves for such 
muster under penalty of court martial trial. Courts martial for such 
militia must have a majority of militia officers, where the act of 1903 
provided that all the officers of such courts should be from the 
militia. 

In any regular encampment officers of the regular army are to 
retain command in spite of the presence of militia officers of higher 
rank. 

The Secretary of War may appoint a board of five officers from 
the militia, representing all portions of the country to meet occasion¬ 
ally in Washington to consult with him respecting the needs of the 
militia. The board holds office for four years, or at the discretion 
of the Secretary of War and receives traveling expenses per diem 
while engaged in such business. This expense and the cost of the 
Division of Militia affairs in the War Department is to be charged 
to the annual militia appropriation. 

This act appears to have carried out fully the ideas of the 
nationalized militia adherents. %The organized militia was made sub¬ 
ject to service either within or without the country and might be 
mustered in by companies without further examination or enlistment, 
as provided in the act of 1898. The old provision dating from 1792 
insuring militia courts martial for militia trials was abrogated; and 
the militia was thus made more certainly a part of the regular army. 
The consulting board of militia officers added to the national char¬ 
acter of the militia. We find in this act an attempt to preserve the 
militia as a militia of the states, while at the same time making it in 
reality a distinct branch of the United States Army. 

In 1910 the Act of 1903 was further amended, some additional 
regulations being prescribed for militia organizations participating in 
encampments. 

In 1912 Attorney-General Wickersham 18 declared the Act of 
1908 unconstitutional, so far as it attempted to make the militia liable 
for service in foreign war. In view of this fact a bill was introduced 
known as the Pepper Pay Bill, which proposed to offer federal pay 
to members of the militia who were of a certain standard and vol¬ 
unteered to receive such pay. These persons, whom it was presumed 
would constitute practically the whole National Guard, were made 
liable to service under the United States in time of war, through the 
expedient of transferring “to the army of the United States” such 
organizations of militia. 19 The bill was not passed. 

In the Volunteer Act of April 25, 1914, this pl^n is abandoned; 
and it is made clear that the militia are only to be used as definitely 

1S 29 Op. 322. 

in See House Committee Report, 62nd Cong., 2nd Session, 1912, House Report 
1117, Parts I, II. For discussion of this bill see Report on the Organization of the 
Land Forces of the U. S. by the General Staff, 1912, p. 88. 



896 


EFFICIENCY AND ECONOMY COMMITTEE. 


authorized by the constitution * and not for foreign offensive war. 
The army is to consist of regulars and volunteers and such militia 
as may volunteer either individually or in organizations but in all 
cases the President has the ultimate appointment of officers. 

The Volunteer Act of 1898 had practically repeated the Act of 
1807 permitting militia companies to volunteer as bodies in time of 
war and retain their own officers, the right being reserved to the 
Governors to appoint officers of militia organizations that had thus 
volunteered as bodies. Assistant Attorney-General Boyd 20 interpreted 
this as meaning that such militia companies remained militia even 
after enlisting in the service of the United States, in view of which 
fact the Governors must according to the constitution be permitted to 
appoint officers. This view, however, has not been generally accepted; 
and in the Volunteer Act of 1914, 21 it is made perfectly clear that 
such militia companies are not militia, but volunteers, and while the 
original officers may be retained, it is always at the discretion of the 
President as commander-in-chief of the army to change them. 

In July, 1913, the Governors of each of the states participating 
in the national allotments, received a letter from the secretary of war 
stating that the state militia organizations did not conform in all 
cases to the requirements of national law and that such conformity 
would be insisted on should the states desire to participate further in 
these allotments. On August 1, 1913 the Department issued Circular 
No. 8, from the office of the Chief of Staff of the division of militia 
affairs specifying the organization to which the state militia partici¬ 
pating in federal allotments must conform. The order outlined the 
organization of the regular United States army, which was prescribed 
for the militia by section 3 of the Dick Act as amended in 1910. The 
organization required by this order supersedes the organizations pre¬ 
scribed by any state law, provided the state desires to participate in 
the annual militia allotments of the national government. 22 

On February 16, 1914, an Act of Congress was passed “to pro¬ 
mote the efficiency of the naval militia.” It provides that in three 
years after the passage of the act the organization of the naval militia 
shall be established by the Secretary of the Navy. The loan of ves¬ 
sels and supplies by the navy department is provided for. The Pres¬ 
ident is authorized to call out the naval militia for the service of the 
United States “in the event of war, actual or threatened, with any 
foreign nation, involving danger of invasion, or of rebellion against 
the authority of the government of the United States or whenever the 
president is in his judgment, unable with the regular forces at his 
command to execute the laws of the United States.” In such a call 
the period of service may be specified and the naval militia so called 
“shall continue to serve during the term so specified either within or 
without the territory of the United States,” unless sooner relieved by 
order of the President. The naval militia on any occasion are to be 
used in advance of volunteer forces. 

20 22 Op. 228, 536. 

21 Act of Apr. 25, 1914. 

“Information as to this order was received from Col. N. W. MacChesnev Judge 
Advocate of the Illinois National Guard and from Brig.-Gen. F. S. Dickson Adiutant 
General of the Illinois National Guard. ’ J 1 



MILITARY ADMINISTRATION. 


897 


Further provisions of the act relate to conditions precedent to 
service, pay, issue of arms, inspection, participation in cruises of the 
regular navy, detail of officers for instruction, etc., similar to those 
relating to the National Guard in the Dick act. 

The Secretary of the Navy may spend up to $200,000 in supply¬ 
ing arms and equipment, and may also apportion allotments, annually 
appropriated by Congress, among states which have brought their 
naval militia to the specified standard. 

It will be noted that this act provides for the use of the naval 
militia in foreign war and outside of the territory of the United States, 
a use which appears to be in conflict with Attorney General Wicker- 
sham’s opinion of 1912, unless a distinction can be drawn between 
the position of the land and naval militia. 


2. ACTUAL USE OF THE MILITIA BY THE UNITED STATES GOVERNMENT. 23 

1789-1814. 


For the first time after the adoption of the constitution of 1794, 
the militia were called out on the occasion of the Whiskey Rebellion 
in Pennsylvania, to execute the laws of the Union. In Fries’ Insur¬ 
rection of 1799, the President palled out the militia of Pennsylvania 
to enforce the revenue laws. In the Louisiana frontier troubles with 
Spain in 1806, and in the Burr Conspiracy which followed it, con¬ 
siderable numbers of the militia of the frontier states were called out. 
In the Embargo Insurrection in Vermont in 1808 portions of the militia 
of that state were called out. 

In the war of 1812 the militia were largely relied upon to furnish 
forces for the national defense. In this war, militia forces serving as 
such furnished seventy-nine percent of the total forces of the United 
States. The power relied upon in these calls for militia was the Act 
of 1795 giving the President power to call forth the militia to repel 
invasions. Portions of the militia were ordered across the Canadian 
frontier; but it was claimed and the claim has been affirmed by 
Attorney-General Wickersham in 1912, that the repulsion of invasion 
would justify their use in this way, under the circumstances. 

Connecticut and Massachusetts objected to the use of the militia 
on this occasion. Caleb Strong, Governor of Massachusetts, upon 
receiving a requisition from the President for his quota of militia, 
refused, basing his action upon the view of his council which thought 
the request unconstitutional and of the Massachusetts Supreme Court 
which maintained that the right of determining upon'the existence of 
the proper exigency for calling forth the militia, lay with the com¬ 
mander-in-chief of the state, and that when called out the President 
of the United States as commander-in-chief, alone, could command 
them. 24 

The Governor of Connecticut refused on practically the same 
grounds, and the Hartford Convention of 1814 took a similar view of 
federal power to call the militia. 


23This material is largely gathered from F. T. Wilson, Federal Aid in Domestic 
Disturbances. 57th Cong.. 2nd Session, 1903. Sen. Doc. 209, and Emory Upton, the 
Military Policy of the U. S., 62nd Cong., 2nd Session. Senate Doc. 494. 

2 <8“Mass. '549. 



898 


EFFICIENCY AND ECONOMY COMMITTEE. 


President Madison submitted the case to his Secretary of War, 
Monroe, who gave an opinion, 25 the reverse of that of the Massa¬ 
chusetts Court, that it was in the authority of the President of the 
United States to determine the existence of a constitutional exigency 
for calling out the militia and that he could deputize officers to serve 
in his stead in leading them. This view was subsequently affirmed by 
the Supreme Court of the United States in the case of Martin vs. 
Mott. 26 

1814-1864. 

In the Seminole War of 1818, in the Black Hawk War of 1832, 
and in the second Seminole War of 1836, the state militia were called 
out by the United States government, to aid in repelling the invasions 
of Indian tribes. In the first of these cases, specific authority was 
given to cross the Florida frontier (which was then Spanish territory) 
ih case of necessity. In the Black Hawk War the point arose as to 
what constituted a “legal” calling out of the militia; and an opinion 
of Attorney-General Taney held that militia summoned by local 
authority, which action was subsequently ratified by the President, 
were “legally” called out. 27 

In the Nat Turner Rebellion in yirginia in 1831 the militia of 
that state were called out. This appears to have been a case of insur¬ 
rection against the state government which according to law permits 
the President to act only upon application of the state legislature or 
if it cannot be convened, of the Governor. Such application was not 
made and there appears to have been some protest on this ground 
from North Carolina, where some troops were stationed. 

In the Sabine affair in 1836, war with Mexico was expected and 
General Gaines called out the militia expecting his action to be rati¬ 
fied by the President. The President, however, refused his sanction, 
as the affair had already blown over and the militia were not used. 

In the Patriot’s War of 1837, portions of the militia of New York 
were summoned to prevent infractions of the United States Neutrality 
Laws, and in 1839 the call of the territorial Governor of Iowa for 
militia to aid him in the Missouri-Iowa boundary dispute was sanc¬ 
tioned by Congress and the militia paid, though they had not been 
in active service. 

In the Dorr Rebellion in Rhode Island in 1842, King, the Gov¬ 
ernor, under the old or charter government, which was opposed by 
Dorr who claimed to be Governor under a new constitution, three 
times appealed to the President for aid, on the ground that there was 
an insurrection against the state government. The charter legislature 
also issued such an appeal, but President Tyler appeared very reluc¬ 
tant to act. He finally, however, authorized the militia to be sum¬ 
moned. Dorr’s Rebellion fell before any militia were actually 
employed. The case of Luther vs. Borden 28 grew out of this rebellion 
and was decided by the Supreme Court of the United States. Martin 

2B Am. State Papers. Military Affairs, 1, 604. 

26 12 Wheat. 19 (1827). 

27 2 Op. 536. 

28 7 Howard, 1. 



MILITARY ADMINISTRATION. 


899 


vs. Mott 29 was here affirmed and it was held that the President had 
the discretion to determine the existence of the proper exigency for 
calling out the militia, even when such action involved the deter¬ 
mination of a conflict between two state governments both of them 
claiming to be legal. 

Before the outbreak of the Mexican War, General Taylor was 
authorized to call out certain portions of the militia, but he actually 
called out only a few thousand. General Gaines called out more 
without authorization. The President refused to ratify his action 
and recalled him. In this War, Congress expressly gave authority to 
the President to call out militia to serve in an army of occupation, an 
act generally considered unconstitutional. As a matter of fact, only 
twelve per cent of the forces used in the Mexican War were militia, 
regulars and volunteers being largely relied upon. 

In*1856 a serious insurrection arose in San Francisco, caused by 
the efforts of the vigilance committee to take the law into its own 
hands. The Governor appealed to the President of the United States 
for aid, but the President refused, basing his act upon an opinion of 
Attorney-General Cushing. 30 This opinion stated that, while in case 
of very serious necessity, the President might, in his discretion call 
out the militia to suppress an insurrection against a state government 
merely on knowledge of the fact, yet, .unless there was such pressing 
necessity he should not act until a proper legal request was made. The 
statute required the legislature to make the request if it could be sum¬ 
moned, and as the Governor’s statement indicated no reason why the 
legislature could not be convened, the President should wait until the 
conditions of the statute had been complied with. 

The first Call for troops during the Civil War was made under the 
act of 1795, President Lincoln calling out 75,000 militia to aid in exe¬ 
cuting the laws. Further legislation (in July, 1861), provided for 
calling out the militia in case “unlawful” obstructions, combinations, or 
assemblages of persons or rebellion against the authority of the United 
States “made it impracticable to execute the laws through ordinary 
judicial processes;” but as a matter of fact, no more calls were made 
for militia. The remaining enlistments were of volunteers, employed 
in the service of the United States under the power to raise armies. 
The militia calls proved defective, as in many cases the Governors of 
the border states refused the requisitions, whereas future calls for 
volunteers showed that there were many persons willing to enlist for 
the Union cause in those states. The Civil War was fought by regu¬ 
lars and volunteers. After their defeat at Bull Run the militia were 
of no importance. 

1864-1914. 

Since the Civil War the militia have not been used by the United 
States as such, unless we accept Assistant Attorney-General Boyd’s 
interpretation 31 of the position of the volunteer militia regiments in the 
Spanish War. In the threatened Fenian invasion of Canada in 1866, 
authority was given to call out the militia but it was not necessary. 

29 12 Wheaton, 29. 

30 8 Op. 8. 

3122 Op. 228, 536. 



900 


EFFICIENCY AND ECONOMY COMMITTEE. 


In the reconstruction riots, the Ku Klux disturbances, and the railroad 
strikes of 1877 and 1894, the regular army was used in preference to 
the militia. 

The President had been given power in an act of 1807 to use the 
army wherever the militia might be used. With the greater develop¬ 
ment of a standing army after the Civil War, it has proved a much 
more efficient police force than the militia and the use of the militia 
by the federal government to aid in executing the laws, and to suppress 
insurrections has ceased. 

After the Civil War the states began to change their idea of the 
militia; and in spite of the fact that the obsolete act of Congress 
of 1792 remained law, organized bodies, known as the National 
Guard composed of select volunteers, who really drilled and cultivated 
a knowledge of warfare. With the development of a military feeling 
the National Guard came to look upon itself as a reserve force of the 
army, and this spirit has been cultivated by increased assistance 
and encouragement fro'm the United States government. The states 
have made more and more use of their militias as an internal police 
force. F. T. Wilson in his book, Federal Aid in Domestic Disturb¬ 
ances, estimates that the states used their militia no less than 500 times 
in the twenty-five years from 1878 to 1903. 

As has already been mentioned, with the outbreak of the Spanish 
War, the militia were looked upon as a reserve force for the army; 
and the volunteer act of 1898 permitted National Guard bodies to vol¬ 
unteer as such and retain their own officers. While the opinions of 
Assistant Attorney-General Boyd indicate that in his view these volun¬ 
teer militia bodies remained militia of the states, called in to the service 
of the United States, the more generally accepted view is that they 
were to be regarded simply as volunteers. 32 

Following the War, efforts were made to make it possible, through 
legislation, for the militia to come under the supervision of the United 
States and be ready to serve as a second line of national defense, 
retaining their status as militia with their own officers and organiza¬ 
tion. The Dick Act of 1903 was directed toward this purpose, but 
does not appear to have accomplished it. The amendment of 1908, 
however, did provide for making the. militia liable to federal service 
even in foreign war without losing their status as militia. The act 
was declared unconstitutional, so far as it attempted this object, by 
Attorney-General Wickersham in 1912, and the policy has now been 
revived of leaving the militia, as such, a militia of the states, subject 
to call by the United States only in the three cases mentioned in the 
constitution (which under present conditions means that they are not 
likely to be called out at all by the United States government,) and 
entirely distinct from volunteers, who in combination with the regular 
army are looked upon as the force of national defense. 

By the act of 1914 specific authority has, however, been given 
for the use of the naval militia in foreign war. 

82 See Report on the Organization of the Land Forces of the U. S., by the General 
Staff, 1912, p. 55. 


MILITARY ADMINISTRATION. 


901 


3. CONSTITUTIONAL AND LEGAL CONCLUSIONS. 

The Jurisdiction of the United States Government Over the Militia. 

The United States Government exercises final jurisdiction in or¬ 
ganizing, arming and disciplining the militia, and the states are bound 
by acts of Congress on these points. 

The general principle of federal supremacy in the powers granted 
by the constitution is sufficient to bear out this point. The opinion of 
the Supreme Court in Houston vs. Moore 33 is also authority for this 
view. Whiting in “War Powers under the Constitution” 34 offers the 
statement that state legislation cannot constitutionally provide for 
enrollment in the militia of persons other than those enumerated in 
the United States law. The same opinion was expressed in a bulletin 
of the division of militia affairs of 1910 ; 35 and the opinion of the 
South Carolina Supreme Court in State vs. Lewis in 1837, 30 related 
somewhat to this point, when it said that in a call of the militia by 
the President, only those need to respond who were included in the 
militia as organized under the act of Congress. The recent order of 
the War department directing a reorganization of the State militias 
participating in the United States appropriations is another exempli¬ 
fication of this principle. 

The United States Government has jurisdiction to govern the 
militia in the service of the United States, reserving the appointment 
of officers and the actual training to the states. It also has the power 
of calling them out in the cases described. 

Jurisdiction of the States Over the Militia. 

The states may exercse a concurrent jurisdiction' over the arming, 
organizing and disciplining of the militia legislating where the U. S. 
government has not acted or so as not to conflict with U. S. laws. 

Justice Story’s dissent in the case of Houston vs. Moore 37 is op¬ 
posed to this view; but the prevailing opinion in that case and the 
practice before and since is authority for the statement. The early 
United States statutes on the subject expressly left to the states the 
power of organizing their militia, simply giving directory rules which 
the state might follow if “convenient.” 

Houston vs. Moore also appears to be authority for the view that 
the states exercise a concurrent jurisdiction in “governing such part 
of the militia as may be employed in the service of the United States.” 

It is clear by the constitution that the states have jurisdiction to 
appoint officers of the militia and to train the militia according to the 
discipline prescribed by Congress, even when the militia are called into 
the service of the United States. 

In general, the states have power to employ the militia as they see 
fit, and exercise complete jurisdiction over them, subject only to the 
rights specifically given to the National government in the constitution. 

33 5 Wheaton, 1. 

34 P. 480. He refers to 18 Am. Law Rep., 167 and 22 Law Rep., 477. 

3B See Biennial Report of the Adjutant General of Illinois, 1911-12, p. 170. 

36 3 Hill, 308. 

s7 5 Wheaton, 1. 



902 


EFFICIENCY AND ECONOMY COMMITTEE. 


Cases in Which the Militia May be Called Forth. 

The militia may be called forth by the President, to suppress do¬ 
mestic violence and to repel invasion or imminent danger thereof. 
Under the suppression of domestic violence there are two distinct 
cases. 1. To execute the laws of the Union and suppress combina¬ 
tions within the territory of the United States. This power is pro¬ 
vided for in Section 4, of the Dick Act as amended in 1908 and in the 
Revised Statutes. 38 Under it the militia were called out in the 
Whiskey Rebellion, 1794; Fries Insurrection, 1799; the Burr Con¬ 
spiracy, 1806; the Embargo Troubles, 1808; the Patriot’s War, 1837; 
the Iowa-Missouri boundary dispute, 1839, and the Civil War, 1861. 
It has not been employed since the Civil War, the regular troops 
having proved more efficient to suppress rebellion against the national 
government, and unless an extraordinary exigency should arise, it does 
not appear probable that they will be used again. 

2. To suppress insurrections against the government of any 
state. This power is provided for in the Revised Statutes, section 
5297, and can only be exercised by the President upon application of 
the legislature or the executive of a state when the legislature cannot 
be convened. It has been employed on but two occasions in the his¬ 
tory of the country, the Nat Turner Rebellion of 1831, and the Dorr 
Rebellion of 1842. Upon the occasion of the Vigilance Committee 
troubles in San Francisco in 1856, the aid of the President was asked 
under the law by the Governor, but was refused on the ground that 
the legislature should have made the request. Great reluctance has 
always been shown to exercise this power, as there is danger of un¬ 
warranted federal interference in the internal affairs of a state. In 
the two cases cited regular troops were used in addition to the militia 
and on all occasions since have been used exclusively. With the 
increased efficiency of the National Guards' it is probable that states 
will be better able in the future to settle their own insurrections, with¬ 
out calling for national aid; and if the latter is called for, it seems 
probable that regular troops will be sent instead of calling out the 
militia. 

Under the power to repel invasion or imminent danger thereof, 
there are also two cases, at least as expressed in the early statutes: 
1, Foreign Nations; and 2, Indian Tribes. The phrase giving the 
power expressly in case of invasion of Indian tribes was omitted in 
the Dick Act of 1903, although it was under this power that the 
militia were summoned in the Seminole War of 1818, the Black Hawk 
War of 1832, and the second Seminole War of 1836. An Indian up¬ 
rising, now, would partake more of the nature of domestic violence, 
and in such an event undoubtedly the regular troops would be sum¬ 
moned. The power to repel invasion of foreign nations is conferred 
by Section 4 of the Dick Act of 1903 as amended in 1908. It was 
employed in the threatened French War of 1799, the Louisiana Fron¬ 
tier Dispute with Spain in 1806, the War of 1812, the Sabine Affair 
of 1836, when War with Mexico was threatened, and the Mexican 
War of 1846. The War of 1812 alone is important; as in the other 


38 Sections 5298, 5299. 



MILITARY ADMINISTRATION. 


903 


cases either there was no active service or other troops were relied 
on principally. The precedents of the War of 1812, the Seminole 
War of 1818 and the Mexican War of 1846, as well as the opinion of 
Attorney-General Vvickersham in 1912, appear to be authority for the 
view that militia may be used even outside of the country if necessary 
to “repel invasion.” In case of a foreign invasion it is probable that 
the regular army would be relied upon first, and then, following the 
precedents of the Mexican War, the Civil War and the Spanish War 
of 1898, National Volunteers would be called for. It, therefore, 
appears improbable that the militia will be called out for this purpose 
in the future. 

The idea of embodying the militia as a national force capable of 
being used for general military purposes is discussed elsewhere. It is 
sufficient to note here that the attempt to exercise such a power is 
probably unconstitutional, and is considered by many authorities, 
notably Major General Upton, as unwise. 39 

Cases in which the Militia May Not he Called Forth. 

The militia cannot be called into the service of the United States 
for use in foreign war, unless it be to repel an actual invasion. 

This is a question which is still open to dispute and there is much 
legal opinion which takes the opposite view. A direct judicial settle¬ 
ment of the question seems to be prevented by the fact that the courts 
would regard any “calling out” of the militia by the President as valid. 
This question is taken up later. 

The meaning of “an invasion” and of “repelling” are capable of 
varied interpretations. Any foreign war might be regarded as an 
“invasion” such as to justify a calling out of the militia. It would 
seem, however, that an “invasion” should be interpreted rather as re¬ 
ferring to an immediate military operation threatening the frontiers 
of the country, in which case a foreign war in distant territory, 
whether offensive or defensive could not be regarded as an “invasion.” 

But admitting the existence of “an invasion,” what acts are in¬ 
cluded in “repelling” it? Attorney General Wickersham indicated a 
belief that the phrase could permit of pursuing the invader outside of 
the country. He says : 40 

If the militia were called into the service of the General government 
to repel an invasion, it would not be necessary to discontinue their use 
at the boundary line, but they might, (within certain limits; at least) pur¬ 
sue and capture the invading force, even beyond that line . . . This may 
well be held to be within the meaning of the term “to repel invasion.” 
Pomeroy, however, thinks that while the militia could be “called 
out” before the invader had crossed the frontier it could only be em¬ 
ployed within the territory. He says : 41 

Insurrection and invasion must be internal. We do not repel an in¬ 
vasion by attacking the invading nation upon its own soil. Still, there can 
be no question that the militia may be called out before the invaders have 
set foot upon our territory. It is a fair construction of language to say 
that one means of “repelling” an invasion is to have a force ready to 
receive the threatened invaders when they shall arrive. 

M Emory Upton, The Military Policy of the United States, Senate Document, 494, 
62nd Cong., 2nd Session, 1912. See also, Report on Organization of the Land Forces 
of the United States, by the General Staff, 1912, and articles by J. M. Palmer, Infan¬ 
try Journal, 11; 336; L. R. Naptzger, Infantry Journal, 11; 453. 

40 29 Op. 324. 

41 Pomeroy, Constitutional Law, p. 387. 



904 


EFFICIENCY AND ECONOMY COMMITTEE. 


While realizing that the legal opinion is divided on the question, 
and that it is far from being definitely settled, the writer believes that 
the view expressed above is justified by the weight of opinion and 
practice. 

Authority for the contrary view, that the militia may be used in 
foreign war, may be found in the use of the militia in the Mexican 
war of 1846, which could scarcely be considered “an invasion,” al¬ 
though the authority to use the militia was justified on the ground that 
it was. The militia on this occasion, however, saw no service, and 
national volunteers and regulars were relied upon in the prosecution 
of the war. The use of the militia in the war of 1812 could more 
clearly be justified on the ground of invasion, as could its use in the 
Indian wars of 1818, 1832, and 1836. As has been noted the militia 
used in the Spanish war of 1898 have been generally regarded as 
volunteers and so do not form a case in point here. The best authority 
for the use of the militia in foreign war is the opinion of Judge Advo¬ 
cate General Davis in 1908, 42 that the declaration of war is law for 
the execution of which the militia may be called out; and the statute 
of 1908 was based on this opinion, specifically giving authority to use 
the militia “within or without the territory of the United States.” A 
similar use of the naval militia is authorized by the act of February, 
1914. 

Opposed to the judge advocate’s opinion is the doctrine of the 
non-extraterritorial character of the United States Law, as expounded 
in the opinion of Attorney General Wickersham in 1912, 43 in which 
the law of 1908 was declared unconstitutional so far as it contem¬ 
plated the use of the militia in foreign war other than “invasion.” 
The expressed opinion of such authorities on constitutional law as 
Daniel Webster, 44 J. N. Pomeroy, 45 Von Holtz, 46 Ordronaux, 47 and 
the opinion of the Supreme Court of Pennsylvania in the case of 
Kneedler vs. Lane, 48 also indicate that the militia cannot be used out¬ 
side of the country, at least in foreign, offensive war. 

As a corollary to this statement, it seems that the militia as such 
cannot be compelled to enlist in the service of the U. S., or to transfer 
their services, or in any way be obliged to serve in foreign offensive 
war. If the militia cannot be used as such in foreign war, they can¬ 
not be compelled to serve by a simple change of name or similar sub¬ 
terfuge. According to the theory of the militia they are a state body, 
to which the state has a right except in the cases specifically provided 
by the constitution. If the United States government seeks to put an 
additional burden upon the militia such as compelling them to trans¬ 
fer to the United States army in case of war, it is depriving the states 
of this right to their militia. 

It is true that under the power to raise armies the government 
may resort to conscription as a measure “necessary and proper” for 
that purpose; but it seems doubtful whether the militia as such may 

42 See Congressional Record, 60th Congress., 1st Session, 1908, Vol. 42, p. 6943 

43 29 Op. 322. 

44 Quoted Ordronaux, Constitutional Legislation, p. 503. 

^■Constitutional Law, p. 387. 

^Constitutional Law, p. 170. 

■^Constitutional Legislation, p. 501. 

48 45 Fa. St., 238, 276. 


MILITARY ADMINISTRATION. 905 

be drafted into the service of the United States, since Congress is 
specifically limited by the constitution in its treatment of them. 

Furthermore, the question of officers would oppose a dilemma 
to any such arrangement. If the militia are serving as such the gov¬ 
ernors must appoint officers, but if they are made a part of the United 
States army the President or certain specified national officials must 
appoint officers. The militia cannot (Assistant Attorney-General 
Boyd to the contrary) be both at the same time. The power to raise 
armies is one thing, and the power to call out the militia is another. 
The militia as such cannot, according to th,e limitations imposed by 
the constitution be included in a system of raising armies. 

As a further extension of this principle, it is doubtful whether 
the organized militia can voluntarily place itself under obligations in¬ 
volving military service in foreign offensive war under the U. S. gov¬ 
ernment superior to the rights of the states. This is the point raised 
by the proposed militia pay bill of 1912. If the militia are a state 
body to which the state has a complete right of use except under the 
limitations named in the constitution, it seems questionable whether 
as a body they may, voluntarily, obligate themselves to the United 
States government. Such an action would in fact deprive the states 
of a portion of the service of the militia guaranteed them by the con¬ 
stitution. While it may be said that such an act is justified because 
the states have given their consent, it would seem that this would not 
prevent a state legally withdrawing its consent on any occasion. In 
such a case the national government would find its military arm 
paralyzed as happened in the case of the New England States in 1812. 
The minority report of the House Committee on the Pepper Militia 
Pay Bill indicated this point. 49 

The Discretionary Power of the President. 

The propriety of calling out the militia on any particular occasion 
is entirely at the discretion of the President. This point was decided 
by the Supreme Court of the United States in the cases of Martin vs. 
Mott, and Luther vs. Borden. This power places a distinct limitation 
upon the applicability of the constitutional principles laid down in the 
preceding discussion of the cases in which the militia cannot be called 
out. If the President as a political officer calls out the militia for 
a use not warranted by the constitution, the courts have said they will 
not inquire into his action. The constitutional limitations upon the 
use of the militia are thus made simply directory upon the President. 
The courts cannot apply or enforce them. 

This makes it impossible for the courts to pass upon the question 
of what constitutes invasion, insurrection, or obstruction of the laws, 
for the President having acted, the court will presume that his discre¬ 
tion was honestly exercised and that he observed the constitutional 
limitations and will not inquire back of his call for the militia. 

The Leadership of the Militia. 

The President may lead the mititia in person when called into the 
service of the United States or appoint officers to lead them. Section 


4 »02nd Congress, 2nd Session, 1912, House Report 1117, Part 2. 



906 


EFFICIENCY aND ECONOMY COMMITTEE. 


Two of Article Two of the constitution clearly makes the President 
“commander-in-chief of the militia of the several states when called 
into the actual service of the United States.” The Massachusetts 
justices in 1812 50 affirmed that this power could only be exercised 
by the President in person but the opinion of Secretary Monroe 51 in 
answer to the Massachusetts objection and of Attorney-General Butler 
in 1835 52 as well as the practice on all occasions upon which the militia 
have been used by the United States government would seem to indi¬ 
cate that the President may appoint officers above those of the highest 
rank in the state militia. Just what officers the President may appoint 
and where the right of the Governor to appoint officers, as provided 
in Section 8, Article 1, of the constitution, ceases has not been 
definitely determined. 

General Conclusion. 


The general conclusion reached is that the use of the militia as 
such by the United States government is no longer important. For 
all of the cases for which it may be called out under the constitution 
the regular army is likely to prove sufficient, and if so is better. The 
militia as such have not been used by the United States government 
since the Civil War. 

The use of the militia as a second line of national defense has 
not proved successful in the past, is of doubtful constitutionality, and 
is regarded as inexpedient by many military authorities. 53 

The position intended for the militia under the constitution ap¬ 
pears to be that of a strictly state institution, the final force backing 
the executive power of the state, to be called out by the United States 
government only on occasions of extraordinary necessity. The militia 
as an organized National Guard has become more efficient, and is a 
very important adjunct of the police force of the states. The states 
are making increasing use of their militia to preserve order within 
their borders. The organized militia also serves as a training school 
for the soldier. But to serve as such as an arm of the national de¬ 
fense appears to be beyond its province. 

The Naval Reserves which have grown up in many states un¬ 
doubtedly indicate the idea that the militia may be a “second line of 
defense,” as in inland states they would be of little use for internal 
police. If the Naval Reserve cannot be called out as such to serve 
in foreign war, under the United States government which alone may 
engage in foreign war, its use as an organization would appear to be 
limited to that of furnishing a training school for possible recruits in 
the United States Navy, and of course, performing such police service 
for the state as its geographical position may permit. The act of 
February, 1914, however, specifically authorizes its use in foreign war. 
If this act is sustained the Naval Reserves of the states will occupy 
the position of a first auxiliary force to supplement the regular navy. 


B0 8 Mass., 549. 

"Am. St. Papers, Military Affairs, 1, 604. 

B2 2 Op. 711. 

63 See Emory Upton, The Military Policy of the United States, Serfate Doc. 494, 
62nd Cong., 2nd Sess., 1912: Report on Organization of the Land Forces of the 

United States, by the General Staff, 1912. 



A REPORT 


ON 

CIVIL SERVICS.LAWS 

BY 


A. C. HANFORD, A. M. 





CONTENTS 


I. CIVIL SERVICE LAWS IN ILLINOIS . 911-918 

Historical Note . 911 

Early Local Laws . 911 

State Civil Service Law of 1905 .. 911 

Amendments of 1907 . 912 

Movement to extend the law .*.. 912 

Extended Law of 1911 . 913 

Amendments of 1913 . 914 

General Features of the Present System. 914 

The Classified Service . 915 

Distinctive Features of the Illinois Law . 915 

Validity of the Law .•.. 917 

II. CIVIL SERVICE LAWS OF THE UNITED STATES AND OTHER STATES. 919-931 

History and Development . 919 

Scope of State Laws . 920 

General Character of State Laws . 921 

Schedule of State Civil Service Laws. 926 

III. COMMENTS AND SUGGESTIONS . 932-938 

Selection of the Commission . 932 

Exemptions from the competitive service . 934 

Number of names to be certified . 935 

Removals and Discipline . 935 

Miscellaneous . 936 

Relation of State to Local Commissions. 936 



























A REPORT ON CIVIL SERVICE LAWS. 

I. CIVIL SERVICE LAWS IN ILLINOIS. 

Historical Note. 

Early Local Laws. 

The first Civil Service Law in Illinois was the Optional Civil Serv¬ 
ice Act for Cities, enacted and in force March 20, 1895, entitled “An 
Act to regulate the Civil Service of Cities.” The cities of Chicago, 
Springfield, Waukegan and Evanston have taken advantage of the pro¬ 
visions of this law. * 

By an amendment of 1895 to the Cook County Commissioners’ 
Act of 1893, about 800 employees of Cook County, who had formerly 
been appointed by the County Board, were placed under the merit 
system. 

An Optional Act of 1903, providing for the appointment of a 
Board of Fire and Police Commissioners in cities from 7,000 to 100,000 
population, has established a merit system of appointment for 
employes in the fire and police departments of those cities which have 
adopted the system. The cities operating under this Act are Aurora, 
Alton, Champaign, Elgin, Peoria, Joliet, Rockford and Streator. 

In 1911 an Act was passed by the General Assembly providing 
for a Civil Service System in park districts with a population of 150,- 
000 or more. Also in 1911 there was passed an Act providing for 
Civil Service in Cook County, but this was subsequently declared 
invalid by the Illinois Supreme Court. (McAuliffe vs. O’Connell, 258, 
Ill. 186.) 

State Civil Service Law of 1905 . 

In 1900 the demand for a State Civil Service System was made a 
political issue, but no action was taken thereon in the 42d General 
Assembly. In 1902 both of the leading parties declared themselves for 
Civil Service, and Governor Richard Yates appointed a Commission to 
draw up a bill, which passed the House but was defeated in the Senate. 
Finally on January 25, 1905 a Civil Service Law, entitled, “An Act to 
regulate the Civil Service of the State of Illinois,” passed both Houses 
of . .the General Assembly, was approved on May 11, 1905, and went 
into effect November 1, 1905. 

The Civil Service Law as originally enacted in 1905 applied the 
merit system of appointment only to such persons as were employed 
in the charitable institutions of the State, excluding all members of 
Charitable Boards, trustees and commissioners, superintendents of 
charitable institutions, one chief clerk and one stenographer for each 
institution. In its general provisions, the law followed almost identi¬ 
cally the Optional Act of 1895 for the regulation of Civil Service in 


912 


EFFICIENCY AND ECONOMY COMMITTEE. 


cities, and vested the administration of the system in a Commission 
of three members, appointed by the Governor with the consent of the 
Senate. 

The principal objections to the early system were that it was 
not broad enough in its application, that only citizens of Illinois could 
take the examinations, that the places for holding examinations were 
limited to the seven largest cities in the State, and that one Commis¬ 
sioner had to be present at each examination. 1 Some of these objec¬ 
tions were met, and other changes made, by an amendment to the law 
enacted by the 44th General Assembly in 1907. 

Amendments of 190 J. 

The most important changes made in the law by the amending 
Acts of 1907 were: (1) the removal of certain restrictions as to place, 
etc., (2) the abolition of the probationary period; and (3) greater con¬ 
trol over removals. 

1. Restrictions Removed :—The Civil Service Commission was no 
longer confined to the seven largest cities in giving examinations, and 
the provision requiring a member of the Commission to be present at 
each examination was removed. 

2. Probationary period of six months done away with. 

3. Removals and Supervisions:—Section 12 of the Civil Service 
Act was amended so as to give the Commission power to investigate 
any removal, and reinstate any one wrongfully discharged, whereas, 
the original law permitted the head of the department to remove an 
officer or employe for cause, after a statement of the reasons had been 
served upon the appointee and he had been given an opportunity to 
answer the same. According to the terms of the original law, the 
appointing officer was required to file a statement of his reasons with 
the Commission, but it was specifically stated that the law should not 
be construed as to require an examination of witnesses, a trial or a 
hearing. 

By the amendment of 1907, however, the Commission was given 
power if it so desired to investigate any charge, and its approval or 
disapproval of every removal was made necessary. Thus the power of 
the Civil Service Commission over removals was enlarged, and while 
the discharged person could not demand an investigation as of right, 
the Commission could, in its discretion, grant such. 

Movement to extend the law. 

In 1906 both leading political parties pledged their support to an 
extension of the provisions of the Civil Service Act to the other depart¬ 
ments of the State, while bills providing for such extension, and giv¬ 
ing the State Commission control over all city and county commissions 
were prepared by the Civil Service Commission, but failed of passage. 
Senator Logan Hay introduced a bill in the 45th General Assembly 
permitting cities to adopt the Optional Civil Service Law for cities, but 
with the provision that the State Civil Service Commission should 
enforce the same. This failed also in the General Assembly. 2 


1 Annual Reports of Civil Service Commission, 1905-06; 1906-07. 

2 Second Annual Report of Civil Service Commission, 1906-07; p. 16-17. 



CIVIL SERVICE LAWS. 


913 


In 1909, with the establishment of the State Board of Adminis¬ 
tration, forty-seven new positions came under the merit system, all 
employes of the Board of Administration and of the Charities Com¬ 
mission being placed under its provision. 3 With the year 1910 (Jan. 1, 
1910) there were 2,559 persons in the classified service, including the 
employes of the seventeen charitable institutions, and involving an 
annual pay roll of $1,165,658. 4 

Extended Law of ipu. 

From the time of its organization in 1905, the Civil Service Com¬ 
mission continually advocated an extension of the merit system to 
the entire State service, and in 1910 made a detailed study of that 
part of the service not under civil service, a review of which was 
incorporated in the annual report of the Commission for 1910.® In 
this same year both leading political parties declared in favor of civil 
service extension, and a public policy vote on the proposition resulted 
in a popular vote of 411,676 to 121,137 in favor of a further applica¬ 
tion of the merit system. 6 As a consequence of this agitation, an 
amending Act was passed by the 47th General Assembly (An Act to 
amend Sections 3, 4, 6, 9, 10, 11, 12 and 14 of an Act entitled “An Act 
to regulate the Civil Service of the State of Illinois” and by adding two 
new sections to be known as Secs. 3a and 3 b), whereby the provisions 
of the Civil Service Act of 1905, as amended in 1907, were extended 
to apply to all positions and places of employment in the State service 
with certain exemptions. As a result of this extension about 2,000 
new employees were brought under civil service rules, or 80% of the 
entire service of the State, making a total of 4,479 employes under 
civil service as compared with 2,559 during the previous year. 7 

Following is a table showing the number of employees under civil 
service, the number of examinations and the number of appointments, 
etc., for each year since 1905-06, together with a brief financial state¬ 
ment as to the expenses of the Civil Service Commission : 8 

WORK OF STATE CIVIL SERVICE COMMISSION, 1905-13. 







No. 

No. 



No. No. Appli- 

No. Ex¬ 

No. 

Appoint¬ 

Resig¬ 

No. Re¬ 

Year 

Employees 

cations 

amined 

Passed 

ments 

nations 

movals 

1905-06 a 

2,168 

3,212 

1,625 

1,269 

1,468 

954 

295 

1907 

2,251 

3,193 

1,541 

1,155 

1,854 

1,299 

344 

1908 

2,343 

3,540 

1,799 

1,511 

1,335 

1,054 

307 

1909 

2,416 

3,419 

2,582 

2,110 

1,471 

1,292 

272 

1910 

2,559 

3,980 

2,336 

1,942 

1,860 

1,499 

299 

1911 

4,479 

4,685 

2,896 

2,262 

1,474 

1,724 

727 

1912 

4,838 

6,672 

3,811 

2,746 

2,213 

1,680 

433 

1913 

8,839 

4,390 

3,336 

2,624 

2,008 

359 

Total 
aNov. 1, 

1905 to Dec. 

37,540 

21, 1906. 

20,980 

16,331 

14,299 

11,510 

3036 


3 Fourth Annual Report of Civil Service Commission, 1909; p. 8. 
4 Fifth Annual Report of Civil .Service Commission, 1910; p. 15. 

5 Fifth Annual Report of Civii Service Com. of Ill.; p. 8-36. 
6 Blue Book of Illinois, 1911; p. 358. . 

7 Sixth Annual Report of Civil Service Commission of Illinois. 
8 Annual Reports of Civil Service Commission, Ill.; 1905-1913. 






914 


EFFICIENCY AND ECONOMY COMMITTEE. 


TABLE SHOWING EXPENDITURES OF COMMISSION, 1905-1911. 


Year 


Expenditures for Administration (not including salaries of' 


Commissioners) 


1907 

1908 

1909 

1910 

1911 

1912 

1913 


1905-06 b 


$12,945.72 
8,036.39 

10.195.98 
9,984.76 

11.445.67 

16.172.67 

17.818.98 
25,791.21 


bAug. 3, 1905 to Dee. 21, 1906. 

Not only was the Civil Service Act extended so as to apply to a 
larger number of employees by the amendments of 1911, but im¬ 
portant changes were made in the administrative provisions of the Act. 
(1) The Civil Service Commission was required to certify to the 
appointing officer the highest name on the eligible list, instead of the 
names of the three persons receiving the highest grade; (2) A pro¬ 
bationary period of three months was provided; (3) The Commission 
was given a greater degree of supervision over removals, while the 
person sought to be removed was given a hearing before the Commis¬ 
sion or investigating officer; and (4) The Commission was required 
to keep efficiency records and to standardize the employment in all 
grades of the classified'service. 

Amendments of 1913 . 

In 1913 the 48th General Assembly amended the Civil Service 
Code so as to allow the President of the Commission $1,000 per year, 
in addition to his regular salary of $3,000 as a member of the Com¬ 
mission. The maximum salary that might be allowed the Secretary 
was fixed at $4,000 and the minimum at $2,500, whereas, the original 
law provided for a fixed sum of $2,500 per year. 


General Features of the Present System. 


As it now stands the Civil Service Law of Illinois provides that 
all places in the public service (with certain exemptions) shall be filled 
only after an examination and vests the administration of the Act in 
the hands of a Civil Service Commission. 

The more essential provisions of the Civil Service Code are that 
it authorizes the appointment by the Governor, with the consent of 
the Senate, of a Commission of three members, not more than two of 
whom shall be members of the same political party, whose duty it shall 
be to classify and grade all offices and places of employment in the 
State service with specified exemptions; that the Commission shall pro¬ 
vide for the examination of all applicants for offices or places so classi¬ 
fied, and shall prepare a register of such applicants as shall have 
successfully passed the examination according to the rules of the Com¬ 
mission ; that when appointments are to be made the Commission shall 
certify to the head of the department the name highest on the list, and 
the head of the department shall appoint the person so certified. 



CIVIL SERVICE LAWS. 


915 


The Classified, Service. 

The part of the public service to which the law applies is known 
as the classified service, and includes all offices and places of employ¬ 
ment in the state service (including the chief examiner, and all em¬ 
ployes of the Civil Service Commission with the exception of special 
examiners) except: 

1. All elective officers. 

2. All officers, boards and commissions appointed by the Governor with 
the consent of the Senate. 

3. All officers and employes of the General Assembly or of either house. 

4. Judges and officers appointed by judges in any court, clerks of courts; 
notaries public. 

5. Persons employed in the military service of the State. 

6. Teaching and scientific staff of the University of Illinois and Normal 
Schools., 

7. Employes at Executive Mansion. 

8. All regular and special assistant Attorney-Generals, including the in¬ 
heritance tax attorneys of Cook County and all special attorneys em¬ 
ployed by the Attorney-General or by any Board, Superintendent or 
officer. 

9. Building and loan and bank examiners. 

10. Superintendents, wardens and chaplains of the State Charitable, Cor¬ 
rectional and Penal Institutions. 

11. One private secretary or stenographer to each of the elective officers, 
and in the offices of the President of the University of Illinois and the 
Normal Schools. 

12. All clerks and watchmen in the respective offices of the Governor, Lieu¬ 
tenant-Governor, Secretary of State, State Treasurer, Auditor of Pub¬ 
lic Accounts, Superintendent of Public Instruction. 

13. In the University of Illinois and the Normal Schools, students may be 
employed without examination or certification, and a private secretary 
or stenographer in the offices of the Dean of Men and Dean of Women 
respectively is not included. 

The exemption of persons appointed by the Governor with the 
consent of the Senate has been construed by the Attorney-General to 
exempt a number of positions as to which appointment is by law vested 
in the Governor without any express requirement of the consent of the 
Senate to such appointment. 

The Commission is directed to classify all offices and places of 
employment with the above exceptions; the offices and places so classi¬ 
fied constitute the classified service, and no appointment may be made 
thereto save under the provisions of the law. 

Distinctive Features of the Illinois Law. 

The most distinctive features of the Illinois Civil Service Law are: 
(1) The rigidity of the law so far as exemptions are concerned; (2) 
the restrictions on removals; (3) the certification of only the highest 
name on the eligible list instead of the names of the three persons 
standing highest; and (4) the requirement that efficiency records be 
kept, and the service standardized. 

(1) Rigidity of Law. One special feature of the Illinois law is 
its rigidity so far as exemptions are concerned. Those offices and 
places of employment which are exempt, are specifically stated in the 
law, and the Commission has no power to make other exceptions from 
the competitive classified service. 


916 


EFFICIENCY AND ECONOMY COMMITTEE. 


(2) Certification of highest name on eligible list. According 1 to 
the provisions of the original law of 1905, the three highest names on 
the eligible list were certified to the appointing officer in case of a 
vacancy to be filled by original examination. According to the pro¬ 
visions of the law as amended in 1911, and as it now stands, only the 
highest name on an eligible list is certified to the appointing officer. 

(3) Probationary Period. As originally passed, the Civil Service 
Act provided that there should be a probationary period of six months 
before any appointment in the Civil Service should become permanent. 
Later by an amendment of 1907, this probationary period was removed, 
because many had the mistaken idea that it meant a period of uncertain 
employment without pay. When in 1911 the law was so amended that 
only the highest name on the eligible list should be certified, it was 
thought best to provide for a probationary period of three months. 
The Civil Service Law, therefore, in its present form, requires a term 
of three months probation before an appointment becomes final, during 
which period the appointing officer may discharge an appointee. 

(4) Restriction of Removals. Another special feature of the 
Illinois Civil Service Law is the provision giving the Commission power 
to investigate all charges in cases of removal, and granting to the dis¬ 
charged person in all cases, the right to be heard before the Commis¬ 
sion or some authority appointed thereby. This work is carried on 
largely by local investigating officers selected by the Commission, of 
which there were twenty in 1911. Not only must a hearing by the 
Commission be had in all cases of charges filed against an appointee in 
the classified service, but the Commission may investigate suspensions, 
and in case of disapproval may restore the pay lost by the person so 
suspended. 

In the original law of 1905, the officer in charge of any institution 
or office was given a rather wide power to make removals, and the 
Commission had little control over the same. No removal was to be 
made except for cause and for reasons given in writing to the Com¬ 
mission, and the person to be removed was to be given notice, furnished 
with a copy of such reasons, and allowed a reasonable time to answer 
the same. What should constitute just cause was defined, but nothing 
in the Act was to be construed as requiring the examination of wit¬ 
nesses, a trial or hearing. In 1907, the law was amended so as to give 
the Commission power to investigate removals if it so desired. All 
orders for removals and suspensions were required to be filed with 
the Commission, and no removal or reduction of any one in-the classi¬ 
fied service was effective if disapproved by the Commission. In 1911 
the restriction on removals was further extended, and the law now 
requires, that no one in the classified service shall be discharged, ex¬ 
cept for cause and after an opportunity to be heard in his own defense, 
while all charges shall be investigated before the Civil Service Com¬ 
mission, and the findings certified to the appointing officer. The ap¬ 
pointing officer, however, is allowed to make suspensions for a reason¬ 
able time, not to exceed 30 days, but the Commission is given power 
to investigate all suspensions and disapprove of the same. It should 


# 


CIVIL SERVICE LAWS. 917 

be noted, however, that such charges are not required in the case of 
laborers, or persons having the custody of funds for the safe keeping 
of which another has given bond. 

(5) Efficiency Records—Standardization of Employment. The 
responsibility of the Commission does not end with the certification of 
an eligible, but it must follow him into the service and verify or with¬ 
draw the classification. The Commission is first given the power to 
investigate the conditions of the classified service in regard to efficiency, 
and is authorized to make recommendations for improving the service 
to the officer in charge, and in case such are not carried out to report 
the fact to the Governor. The Commission is also authorized to 
standardize the employment in all grades of the public service. The 
48th General Assembly appropriated for the biennial period of 1913-15, 
the sum of $5,000 per year, for carrying on the investigation of effi¬ 
ciency in the classified service. 

(6) Means of Enforcement. The Commission is given authority 
to make rules in pursuance of the provisions of the Civil Service Law, 
and may investigate the enforcement of the Act and of its rules, the 
conduct of the appointees in the classified service, and the method of 
administration therein, and may investigate the nature, tenure and 
compensation of all places in the Civil Service of the State. The 
Commission is vested with quasi-judicial power in making investiga¬ 
tions and enforcing its rules; frauds in examinations are made mis¬ 
demeanors ; political influences are prohibited; while the violation of 
the provisions of the Civil Service Act and the rules made in pur¬ 
suance thereof, is made a misdemeanor and punishable by fine or im¬ 
prisonment. The Auditor of Public Accounts is forbidden to issue 
warrants for the payment of any one in the classified service except 
upon a pay roll certified by the Civil Service Commission. 

Validity of Law. 

In 1911, following the amendment of the Civil Service Act so as 
to apply its provisions to all state departments, the Secretary of State 
and State Treasurer claimed that certain officials in their offices, such 
as the Chief Clerk, Chief Corporation Clerk, etc., were exemptecbfrom 
the classified service under the provision that “all watchmen and clerks” 
in the respective offices of the State Treasurer and Secretary of State 
should not be included in the classified service. Acting under its 
authority to classify all positions (with certain exceptions) according 
to duties and not title, the Commission determined that the Chief 
Clerks, Corporation Clerks, Inheritance Tax Attorneys, etc., in the 
offices of the Secretary of State and State Treasurer were not “clerks” 
within the meaning of the law, and notified the State Auditor that such 
positions were in the classified service. The matter was finally brought 
into the courts for adjudication, the State Treasurer and Secretary of 
State contesting the decision of the Civil Service Commission, and 
refusing to send the pay rolls of their offices to the Commission for cer¬ 
tification, while the Auditor of Public Accounts, in accordance with 
the provisions of the law, refused to issue warrants for the payment 
of the employes not certified. 9 


'Sixth Annual Report of Civil Service Commission, Illinois, 1911; p. 12-13. 



% 


918 EFFICIENCY AND ECONOMY COMMITTEE. 

The validity of the Civil Service Act as applying to certain em¬ 
ployes in the offices of the elective officials of the State was attacked 
in the case of “People vs. McCullough/’ 10 This,was a suit of man¬ 
damus to force the Auditor to issue to the relators, who were employes 
in the office of the Secretary of State, warrants on the State Treas¬ 
urer for amounts due them, without the certification of the Civil 
Service Commission as required by law. The relators contended that 
the certificate of the Civil Service Commission was unnecessary for 
the reason that the Civil Service Act as applied to officers whose 
offices were created by the Constitution was null and void: first, be¬ 
cause it violated Article III of the Constitution of Illinois which 
declares that the powers of government are divided into three distinct 
departments—the legislative, executive and judicial—and prohibits any 
department from exercising any power belonging to either of the 
others. In regard to this the Supreme Court of Illinois declared that 
the Civil Service Act as applied to the office of the Secretary of State 
was not in violation of Article III, because the appointment, whether 
made by the Secretary of State or by the Civil Service Commission, 
was made by the executive department. In the second place, it was 
contended that the Civil Service Law in limiting the power of the 
Secretary of State to make appointments was in violation of Section 
I of Article V of the Illinois Constitution, which provides that the 
executive department shall consist of a Governor, Lieutenant-Gov¬ 
ernor, Secretary of State, Auditor of Public Accounts, etc., and that 
the Secretary of State, together with other executive state officers 
shall perform such duties as may be prescribed by law. To this con¬ 
tention, the court replied that the Civil Service Act applied to the posi¬ 
tions of Assistant Chief Clerk, Corporation Clerk, and Book-keeper in 
the office of the Secretary of State and was not an unlawful interfer¬ 
ence by the legislative department with the constitutional powers and 
duties of such office. 

As to the principle upon which the Act is based, the Supreme 
Court declared that the underlying idea of the merit system is that 
“positions in the public service are not the personal or political per¬ 
quisites of any officer or party and should not be divided, after a 
political campaign, as so much loot of actual warfare, but that com¬ 
petency, merit and fitness ought to be the standard for all appoint¬ 
ments or promotions in the public service.” The effect of the Civil 
Service Law, said the Court, is “to take away the uncontrolled discre¬ 
tion of the officers, and with the object of increasing the efficiency of 
the public service, provides another method for the selection of per¬ 
sons in that service.” 


10 The People vs. McCullough, 254 Ill.; 9. 



II. CIVIL SERVICE LAWS OF THE UNITED STATES AND OTHER STATES. 

History and Development. 

Civil Service legislation on a comprehensive scale had its begin¬ 
ning in the United States Civil Service Act of 1883, which was closely 
followed by the New York Act of the same year, and by the Massa¬ 
chusetts Statute of 1884. Fifteen years later, or in 1899, New York 
revised and reenacted her Civil Service Code; in 1905 the two middle 
western states of Illinois and Wisconsin adopted Civil Service Laws; 
in 1907 Colorado established the merit system for appointments in the 
penal and charitable institutions; New Jersey enacted a Civil Service 
Law in 1908; Illinois in 1911 extended the scope of its law to the 
whole state service; and Colorado took similar action by initiative and 
referendum during 1912, while in 1913 Connecticut, California and 
Ohio enacted Civil Service Statutes. 

Four of the nine State Civil Service Laws apply to cities and 
counties and other local divisions of the State, while the merit system 
has been established in various counties and cities throughout the 
United States by special law and charter provisions. At the present 
time, therefore, not far from 600,000, or about two-thirds of the total 
number of public employes in the United States, National, State and 
local are withdrawn from the spoils system and appointed upon a 
merit basis. 11 Two of the nine states have assured the permamency 
of their Civil Service laws by providing for their establishment in the 
State Constitution—namely New York and Ohio; while Colorado ac¬ 
complished the same purpose by providing through initiative and refer¬ 
endum for a continuous appropriation which can neither be ignored or 
decreased by the legislature. 

All of the State Civil Service laws are more or less similar in their 
general provisions, and follow the essential principles of the United 
States Acts and rules. The early statutes—the! United States law of 
1883 and the New York law of the same year were executive in char¬ 
acter, in that the administration of the system, the classification of 
positions to be filled, etc., were left to the chief executive, and the Civil 
Service Commission was merely to assist him as he might request. 
Massachusetts, however, did not follow this plan, but placed the con¬ 
trol of her system in the hands of the Civil Service Commission, which 
was made more or less independent of the Governor in administering 
the provisions of the Civil Service law. The Massachusetts plan has 
been followed in all of the laws subsequently enacted, so that at the 
present time, the United States Government is alone in maintaining a 
Civil Service system which is more or less under the direction of the 
Chief executive. 


n29th Annual Report of United States Civil Service Commission; 1911-12; p. 38. 



920 


EFFICIENCY AND ECONOMY COMMITTEE. 


The United States Act, the New York Law of 1883, and the 
Massachusetts Law of the following year, were rather brief, and left 
the general details of the system to be worked out by the Commission, 
acting under general statutory directions. With the enactment of the 
New York Law of 1889, however, there begins a tendency to specify 
rather fully the classification of the service, the method of examination, 
appointment, etc., and to leave very little to the discretion of the Civil 
Service Board. Each new Act has embodied not only the essential 
statutory provisions, but also the most important rules established in 
the earlier systems, and new features have been added from time to 
time so that the recent Civil Service laws of California and Ohio 
present a marked contrast-in length and completeness of detail, as 
compared with the laws of twenty-five years ago. 

Scope of State Laws. 

The State Civil Service Laws of the United States may be divided 
into two groups on the basis of their scope: The first group con¬ 
taining those acts which apply only to the state services, and the 
second comprising those which extend to both the state and local serv¬ 
ices. The laws applying to both state and local services may in turn 
be sub-divided into those which centralize the administration of the 
entire system in the hands of a single Commission, and those which 
divide the control between State and Local Civil Service Boards. The 
Civil Service Laws of Wisconsin, Illinois, California and Connecticut 
cover only the State service, and comprise the first group; while the 
Colorado law, which applies directly to positions in the employ of the 
State with the vague statement that its provisions may be adopted by 
any city of the second or third class, belongs more properly in this 
group than in the second group of State laws. The Civil Service laws 
of New York, New Jersey, Massachusetts and Ohio, on the other 
hand, include not only the State service, but positions in cities and 
counties as well. It should be noted that in the four states first men¬ 
tioned, Civil Service Commissions had already been established in the 
larger cities, and they were left to continue their work without change 
upon the enactment of the state law. 

Turning to the state-wide laws of New York, Massachusetts, New 
Jersey and Ohio, one notices two distinct types of administration. In 
New York the law applies directly to the state, counties, cities and 
villages, with the State Civil Service Board in charge of the system in 
the state, counties and villages. In each of the forty-seven cities 
the law is administered by a municipal Civil Service Commission ap¬ 
pointed by the Mayor, but subject to a slight supervisory control of 
the State Board, which has power to disapprove of and rescind any 
rule established by the municipal commissioners, may remove a city 
civil service commissioner under certain conditions, and may, if the 
local authorities fail to act, provide for the appointment of commis¬ 
sioners and the enactment of rules. The city commission is also 
required to file a copy of the roster of its classified service with the 
State Board, and must report to the latter upon request. In Ohio— 
the most recent state to adopt a Civil Service Act—practically the same 
plan of administration is followed. The law applies directly to the 


CIVIL SERVICE LAWS. 


921 


state service and to all counties, cities and city school districts, with 
the State Board administering the law in the state and counties, and a 
municipal commission having control of the system in each city and 
city school district. The supervisory authority of the State Commis¬ 
sion over the local boards is less than in New York, however, as the 
rules do not have to be approved by the former body, and the State 
Commission has power only to recommend the removal of a local 
commissioner. 

In the States of Massachusetts and New Jersey there is a further 
variation in scope, and a difference in the administration of the Civil 
Service system. The Massachusetts law applies directly to the state 
service and to all cities, and may be adopted in any town of over 
12,000, but the work is centralized and the single state commission has 
charge of the whole system. 

In addition to its general power to provide for examinations and 
appointment to subordinate municipal posts, the State Commission of 
Massachusetts lias been given the extraordinary authority to approve 
the appointment of heads of departments and members of municipal 
boards made by the Mayor of Boston. In selecting heads of depart¬ 
ments and members of municipal boards, the mayor is required to 
sign a certificate stating that the appointee is a recognized expert and 
fitted by education, training and experience to perform the duties of 
his office. All such appointments must be made without regard to 
political affiliations or residence, and the certificate above mentioned 
must be filed with the State Civil Service Commission, which proceeds 
immediately to inquire into the qualifications of the nominee. If the 
State Commission concludes that the appointee is a recognized expert 
and competent, a certificate to this effect is issued and filed with the 
City Clerk, dnd his appointment is thereby approved, but if the Com¬ 
mission does not file the required certificate within thirty days the 
appointment becomes void. If charges of dishonesty or crime are 
filed against a nominee, the Commission is required to notify him in 
writing and grant him a public hearing. In case a vacancy occurs in 
the position of a head of a department or commission, the mayor is 
authorized to direct some other public official to discharge the duties 
temporarily, until a person may be appointed according to the pro¬ 
visions of the lavf. 

The New Jersey system is similar to that of Massachusetts, but 
embodies an entirely new feature in its “home rule” provision. The 
law applies directly to the state, but takes effect only in such cities, 
counties and towns and other local divisions as may adopt the same 
by popular vote. But as in Massachusetts, a single State Commission 
has complete control over the administration of the state and local 
civil service. 

General Character of State Laws. 

The purpose of each of the State Civil Service laws is the same— 
the appointment of subordinate public employees on the basis of merit 
and competition, and without reference to politics. Also the organiza¬ 
tion of the several Commissions and their powers and duties; the 
methods of examination and appointment to the classified service; pro- 


922 


EFFICIENCY AND ECONOMY COMMITTEE. 


bation; temporary appointments; the regulation of promotions and 
transfers; the certification of pay rolls; the various penalties and pro¬ 
hibitions to present appointments contrary to law, and the provisions in 
regard to corrupt practices are very similar in the several laws. The 
principal variations in state civil service legislation have been in regard 
to: (1) the scope of the laws; (2) the classification of the service, and 
the power of the Commission to declare positions exempt or non-com¬ 
petitive; and (3) the regulation of removals from the classified 
service. The later laws contain features of more or less interest with 
respect to the keeping of efficiency records and the standardization of 
the service. 

(1) On the basis of scope, the State Civil Service Acts may be 
divided into two groups: first, those of Wisconsin, Illinois, Colorado, 
California and Connecticut which apply only to positions in the state 
service; and secondly those of New York, Massachusetts, New Jersey 
and Ohio which apply to cities, counties (except Massachusetts) and 
other local divisions as well as to the state service. The New Jersey 
law of 1908 is doubtless the most efficient of the Civil Service laws 
from the standpoint of scope and the centralization of the administra¬ 
tion and in all other respects save its elasticity in permitting exemp¬ 
tions from examination. It extends directly to the state service, and 
contains a “home rule” feature, which makes possible its adoption by 
any city, county or school district; but the control of the entire sys¬ 
tem is given to the State Board. Such a plan involves not only a 
concentration of administration, but has a decided advantage in elim¬ 
inating the influence of local politics over the personnel of the Com¬ 
mission, and in producing economy by doing away with an unnecessary 
duplication of administrative machinery. The “home rule” feature 
is also more in keeping with the modern idea as to the proper relation 
between state and local government. 

In connection with the scope of civil service laws, especial atten¬ 
tion should be called to the fact that in Wisconsin legislative employees 
are under the civil service rules. 

(2) Turning to the classification of positions under civil service, 
one finds a difference of practice. The civil service laws divide all 
of the positions in the public service into the unclassified and the classi¬ 
fied, the former containing those places which are not under the civil 
service rules, and the latter such as are filled according to the pro¬ 
visions of the civil service law. Under the New York, Wisconsin, Illi¬ 
nois, Colorado, New Jersey and Ohio acts, the classified service in¬ 
cludes all positions in the public service, except those which are spe¬ 
cifically mentioned in the statute as being unclassified. In Massachu¬ 
setts on the other hand, the Civil Service Board exercises considerable 
discretion in determining what positions shall be classified, although it 
has extended the rules to practically all important places, while in 
California, the Commission may by unanimous resolution place any 
position in the unclassified service. 

In general, appointments to positions in the classified service are 
made from among the three persons graded highest as the result of a 
competitive examination, or by the appointment of the highest person 


CIVIL SERVICE LAWS. 


923 


only, as in Illinois and Colorado. There are certain places, however, 
of a technical or confidential character for which competition has not 
been regarded as practicable, and in most of the laws the Civil Service 
Board has been given considerable power to exempt a position from 
examination or provide for its filling upon a non-competitive test. 
In this respect the laws of New York, Wisconsin and New Jersey are 
the most liberal, as they divide the service into exempt, competitive and 
non-competitive classes, and give the Commissioners authority to 
exempt additional positions from examination, or declare them non¬ 
competitive, on the grounds that competition is impracticable. In New 
Jersey and Wisconsin, however, the Commission must provide for a 
hearing in making such additional exemptions. In California the 
Board may exempt any position from the classified service by unani¬ 
mous resolution; and the Colorado, Massachusetts and Ohio laws, 
while more strict in regard to exemptions do not prohibit the filling of 
positions without competition. Besides such general exemptions, the 
laws of New York, Wisconsin, Massachusetts, Colorado and Ohio also 
permit the Civil Service Commission to suspend the rules in the case 
of a designated person, so as to allow his appointment without exam¬ 
ination. The Illinois statute, on the other hand, is very rigid so far as 
exemptions are concerned; all positions in the classified service without 
exception, are filled after competitive examinations, and the Commis¬ 
sion has no power to classify a place as exempt or non-competitive. 
In this respect the Illinois plan presents certain advantages over the 
New York system, where the number of exempted positions is dis¬ 
proportionate to the total number of offices in the classified service, and 
where the elasticity of the scheme makes political raids upon the civil 
service possible with every change of administration. On the other 
hand, the rigidity of the Illinois law has disadvantages as there are 
some places of a highly technical character which can best be filled after 
a proper non-competitive test. 

(3) In regard to removals from the classified service, we find 
that all of the laws in some form or other, contain a prohibition of 
dismissals for political reasons, but the similarity ends here; and there 
is a difference of practice in restricting the removal power of appoint¬ 
ing officers. The early laws did not contain any limitations except that 
an employee was not to be dismissed for political reasons, the theory 
being that if the method of appointment was carefully guarded there 
was no need to restrict the discretionary power of the appointing of¬ 
ficer in discharging a subordinate. But recently the tendency has 
been in the opposite direction, and today the New York law is the only 
one without a positive restriction upon removals. In Wisconsin, New 
Jersey, Colorado and Ohio, the only limitations'are that an employee 
in the classified service shall not be removed except for cause, that he 
shall be furnished with a written notice and given an opportunity to 
answer the same, and that a copy of the notice, etc., must be filed with 
the Civil Service Commission. In these four states the appointing 
power is given rather wide discretion to remove a subordinate, so long 
as hd does not make the dismissal for political reasons and follows the 
general procedure outlined in the statute. In California, removals are 


924 


EFFICIENCY AND ECONOMY COMMITTEE. 


not to be made except for cause and after a hearing, but the Civil 
Service Board is given concurrent power with the appointing officer 
to discharge an employe, and the decision of either against the em¬ 
ploye is made final. The California system does not limit the dis¬ 
cretionary power of the appointing officer to dismiss an incompetent 
person any further than do the Wisconsin and New Jersey plans, but 
from the standpoint of discipline, it involves a division of responsibil¬ 
ity. Turning to the laws of Massachusetts and Illinois one finds a still 
greater restriction upon removals. Under the Massachusetts Act, no 
classified employe is to be removed except for cause and after a hear¬ 
ing, but the decision of the removing officer is not final and is subject 
to review by the courts. In Illinois, the discretionary power of the 
appointing officer is almost completely taken away and the sole re¬ 
sponsibility for the discharge of an employee rests with the Civil 
Service Commission, as a hearing is granted before, the Commission in 
all cases, and the decision of the Board is made binding upon the 
superior officer. If it is necessary to provide for an appeal from the 
action of the appointing officer, the Illinois practice is much better 
than that of Massachusetts, for the question of removal is an admin¬ 
istrative one, and can be more satisfactorily decided by a Board than 
by the courts. 

Provisions in the several laws of more or less interest from an 
administrative standpoint are, briefly: those of the Illinois and Ohio 
laws for the appointment of the Chief Examiner upon competitive 
examination; the division of the state into civil service districts in Ohio, 
with an assistant in charge of each; the special authorization of the 
New Jersey Board to bring such suits as may be necessary to secure 
the enforcement of the law and rules, and the duty of the Commis¬ 
sion in Ohio to report to the Governor, or the Mayor, as the case may 
be, any abuse of power by a public officer in making appointments and 
removals, with provision that such abuse shall be sufficient cause for 
the dismissal of the official. 

One of the problems of a Civil Service Commission is to induce 
competent persons to compete for positions in the classified service, and 
to provide prospective employes with information as to how they may 
enter such service. Most of the laws prescribe that the rules of the 
Commission shall be published for distribution, the acts of New York 
and Illinois being most complete in this respect. The Illinois statute 
provides that notice of the places where copies of the rules may be ob¬ 
tained shall be given in all the newspapers of the seven largest cities, 
and that copies of the rules shall be sent to each County Clerk to be 
kept for public reference. In New York, the Commission is author¬ 
ized to publish and sell, at a nominal price, a pamphlet setting forth 
such information as may be of assistance in preparing a candidate for 
competition and illustrating the method of examination. A problem 
of similar character is to provide for the holding of examinations at 
such times and in such places as will be most convenient for the largest 
number of applicants. Most of the laws leave this matter to the Civil 
Service Board, but in New York it is provided that examinations shall 
be held at least once a year in twenty-nine designated centers; and in 


CIVIL SERVICE LAWS. 


925 


Wisconsin they must be held simultaneously in each county. The Illi¬ 
nois and New Jersey laws further make it the duty of the Commission 
to give notice of examinations in the newspapers of general circula¬ 
tion, and to provide for the posting of such notices by the County 
Clerk in each county. 

Other special features in State Civil Service legislation which need 
further mention are: (1) the provisions of the New York and Ohio 
laws that the rules of the Commission shall have the force of the law; 
(2) the provision in the Wisconsin Act that examinations of a tech¬ 
nical and special character be prepared by the incumbent of the office, 
by the head of the department, or by some one having experience and 
knowledge in similar employment; (3) the provision of the California 
law that the appointing officer may fill any position in the unclassified 
service according to civil service rules if he so desires; (4) the certi¬ 
fication of only the highest name on the eligible list in Illinois and 
Colorado; (5) the prohibition in the California Act of political assess¬ 
ments from persons on an eligible list, as well as from those already 
appointed; (6) the provisions of the Colorado and Ohio statutes for¬ 
bidding classified employes to take active part in political organization 
and campaigns; and (7) the provisions of the Illinois, California and 
Ohio laws regarding the keeping of efficiency records and the standard¬ 
ization of the service. 

The keeping of efficiency records as required in Illinois, California 
and Ohio; the duty of the Commission under the Illinois and Ohio laws 
to report to the officer in charge of any department its recommenda¬ 
tions for increasing the efficiency of such department or for the 
removal of an employe who fail^ to maintain the proper standard; 
and the power of the California Board to make such removals, itself, 
are the most important of the above mentioned features from the 
standpoint of increasing the efficiency of the work in the public service. 
These provisions, if made use of to their fullest extent, would not only 
enable the Commission and the appointing officer to gauge the output 
of an employe and to discharge such as do not maintain the proper 
standard, but would also enable the Civil Service Board to determine 
the relative effectiveness of its selective methods, to study the entire 
public service as a unit, and to give valuable advice to administrative 
authorities in regard to the organization and supervision of their 
employes. 

The above review of Civil Service legislation shows that the chief 
tendency has been toward the development of devices to prevent ap¬ 
pointments contrary to law, to secure the general enforcement of the 
Act, and to Eliminate political influence, and that little attention has 
been paid to the working out of methods for securing high grade 
experts. 

The chief need of Civil Service reform at the present time is the 
embodiment of such features as the keeping of efficiency records, which 
look toward greater efficiency in the public service. As a recent au¬ 
thority has expressed it, “the watch dog type of civil service must give 
way to a constructive cooperation with officials to secure high grade 
experts who are at once both efficient and responsive. 


926 EFFICIENCY AND ECONOMY COMMITTEE. 

SCHEDULE OF STATE CIVIL SERVICE LAWS. 

STATE COMMISSIONS AND SCOPE OF LAWS. 


New York: 
(1883, 1899) 

Three commissioners appointed by Governor, for six 
year term, at $5000 per year. This Commission has 
jurisdiction over County as well as the State service, 
and supervision over city commissions. 

Massachusetts: 
(1884) 

Three members appointed by Governor for three year 
term, at $2000 per year. This Commission has juris¬ 
diction over County and City Civil Service as well 
as the State service. Provisions of State law may 
be adopted by towns. 

Connecticut: 

(1913) 

New Jersey: 
(1908) 

Three members appointed by Governor for six year 
term, no salary. State service. 

Four persons appointed by the Governor for four 
year term, at $2000 per year. State service. Law 
may be adopted by any county, city or local division. 

Wisconsin: 

(1905) 

Three commissioners appointed by Governor for six 
year term, at $10 per diem, not to exceed $1000 per 
year. State service. Local law in Milwaukee. 

I llim is: 

(1905, 1911) 

Three members appointed by Governor for six year 
term. President $4000, other members $3000 per 

Ohio: 

(1913) 

year. State service. Optional law for cities. 

Three members for six year term. President $4000, 
other members $2500 per year. This Commission has 

Colorado: 

(1907, 1912) 

* 

California: 

H913) 

jurisdiction over County as well as the State service, 
and supervision over municipal commissions. 

Three commissioners appointed by Governor for six 
year term, no salary. Law may be adopted by any 
city. 

* 

Three commissioners appointed by Governor for 
four year term, at $3000 per year. State service. 
Local commissions in some cities. 

CLASSIFICATION. 

New York. 

New York. 

State service divided into unclassified and classified. 
Commission has power to classify positions as exempt 
or non-competitive. In cities provision for a labor 
class. 

Massachusetts. 

Commission to prepare rules covering classifications, 
examinations, promotions. Non-competitive examina¬ 
tions not prohibited. 

Connecticut. 

Commission classifies positions in accordance with 
duties. 

New Jersey. 

Unclassified and classified service. Commission may 
classify positions as exempt, competitive, non-compet¬ 
itive, non-competitive or labor; but must give hearing 
on making exemptions. 

Wisconsin. 

State service divided into unclassified and classified. 
Commission classifies positions as exempt, competitive, 
non-competitive, labor and legislative employes. 

Illinois. 

^. tate .- S j rv ^ ce . by law into unclassified and 

classified service. Commission has power to prescribe 
titles, maximum and minimum pay, and methods to 
determine efficiency of classified service; no power to 
classify positions as exempt or non-competitive. 


CIVIL SERVICE LAWS. 


927 


Ohio. 


Colorado. 


California. 


exemptions : 

New York: 


Massachusetts: 


Connecticut: 


New Jersey: 


Wisconsin: 


Illinois: 


State service divided into unclassified and classified. 
Commission may by unanimous resolution exempt 
positions from classified service. No provision for 
non-competitive examinations. Commission to make 
rules for classification of offices, and for appoint¬ 
ments, promotions, transfers, removals, etc., and for 
keeping a record of efficiency of employes. 

Unclassified and classified service. Commission may 
provide for non-competitive examinations and suspend 
rules in particular cases. All rules to be approved by 
the Governor. 

Unclassified and classified service. Commission to 
classify positions with regard to duties, and grade all 
positions with regard to salaries. No provision for 
non-competitive examinations. 


Deputies of principal elective officers; one secretary 
for each officer or Board, except Civil Service Com¬ 
mission ; two clerks in each court; other positions 
which the Commission classifies as exempt, or non¬ 
competitive. 

Judicial officers; officers elected by people or City 
Council; heads of principal departments; employes 
of the Treasury; savings bank board; teachers; secre¬ 
taries of Mayor, police and fire commissioners shall 
be exempt. Commission determines what positions 
shall be classified. 

The Commission may, if it desires, exempt deputies 
of principal elective officers, one secretary or clerk 
in each board; one private secretary or stenographer 
of each judge or principal officer; all officers who 
must be physicians and any other positions which the 
Commission shall find impracticable to fill by test. 
Elected officers, officers appointed by Governor; of¬ 
ficers and employes of the Legislature; heads of de¬ 
partments; attorneys; persons in the military service; 
teachers in schools and state institutions; County 
superintendents; first assistant of principal officers; 
one private secretary or stenographer to each prin¬ 
cipal officer; all officers who must be physicians and 
any other positions which the Commission exempts 
because filling by examination has been found imprac¬ 
ticable, after a hearing. 

One deputy of each of the officers and the Chief Clerk 
of any Board or Commission; one stenographer to 
each officer, board or Commission; employees of the 
Supreme Court; any other positions which the Com¬ 
mission may find impracticable to fill by examina¬ 
tion, after a hearing. 

Elective officers; persons appointed by the Governor; 
employes of General Assembly; Judges and officers 
appointed judges; clerks of court; persons in the 
military service; instructors of scientific staff and 
students assisting at the University of Illinois and 
Normal schools. Special Attorneys; building and 
loan and bank examiners; assistants to the Attorney 
General; superintendents, wardens and chaplains of 
State institutions; secretary or stenographer in each 
elective office, and a few other places; clerks and 
watchmen in the elective offices. / 


928 


EFFICIENCY AND ECONOMY COMMITTEE. 


Ohio: 

All officers elected by popular vote; heads of depart¬ 
ments appointed by Governor; all officers of the Gen¬ 
eral Assembly, persons in military service; faculty and 
library staff in public schools, universities and librar¬ 
ies supported wholly or in part at public expense; 
two secretaries, assistants, clerks for each elective of¬ 
ficer, board or Commission, except Civil Service Com¬ 
mission; Deputes authorized by law to act for their 
principles. Commission has some discretion in deter¬ 
mining whether a position shall be classified, and may 
suspend rules in particular ciases. 

Colorado: 

Judges; Boards appointed by the Governor; Gover¬ 
nor’s private secretary; elective officers; one deputy 
for each elective officer; teachers; private assistants 
of Attorney General; employes of the Legislature. 

California: 

Employees of the Legislature and one assistant for 
each person employed; appointees of the Governor and 
one confidential assistant, first deputy of each elective 
officer, assistants to the Attorney General and special 
attorneys; wardens, superintendents and parole of¬ 
ficers for State institutions; persons employed by the 
General Assembly, Universities and Normal schools; 
the State Librarian and two assistants; employees of 
the State Railroad Commission; superintendents and 

PRESENT EMPLOYES: 

heads of departments. By unanimous vote commis¬ 
sion may exempt positions from the classified service. 

New York: 

No provision 

Massachusetts: 
Connecticut: 

No provision. 

Employes in the service more than six months before 
the Act took effect were covered in. Employes in the 
service less than six months required to take non¬ 
competitive test as a condition of remaining. 

New Jersey: 

Wisconsin: 

Illinois: 

All present employes covered in without examination. 

Persons employed covered in without examination. 
Covered in without original examination. 

Ohio: 

Not covered in but are required to take examination 
within twelve months as a condition of continuing in 
the service. 

Colorado: 

No provision. 

California: 

No provision. 

EXAMINATIONS J 

New York: 

The Commission to specify qualifications. Appoint¬ 
ments to persons shall so far as practicable be made 
from residents of the judicial district including the 
locality of the appointment. Where there is no list 
of persons eligible for appointment, the appointing 
officer may nominate a person for non-competitive 
examination who may be appointed after such non¬ 
competitive examination but such appointment shall 
not continue for a longer period than two months. 

Massachusetts: 

No provision except that examinations shall be prac¬ 
tical and that no corrupt practices shall be used. 


CIVIL SERVICE LAWS. 


929 


Connecticut: 

Advertise in the usual way. Examinations to be 
practical. 

New Jersey: 

Commission to specify by rule recommendations as to 
rating, age, sex, health, etc. Examinations to be 
practical. Open only to residents of New Jersey. 

Wisconsin: 

Examinations to be practical and open to citizens of 
Wisconsin. 

Illinois: 

Open to citizens of Illinois, except for technical posi¬ 
tions which may be opened to non-residents. Com¬ 
mission to prescribe rules as to rating, age, sex, health, 
habits, moral character and qualifications to perform 
duties. 

Ohio: 

Same as in Illinois. 

Colorado: 

Examinations shall be impartial and practical in char¬ 
acter. Qualifications, etc., to be fixed by rule. 

California: 

Examinations shall be practical in character. Appli¬ 
cants for trade positions may be rated solely on' ex¬ 
perience and physical condition. 

APPOINTMENT : 

New York: 

Certify the three highest on list. 

Massachusetts: 

Connecticut: 

Certify the three highest on list. 

A “limited” number shall be certified of whom one 
shall be selected. A candidate certified three times 
without being selected may be stricken from the list. 

New Jersey: 

Highest three shall be certified and a person certified 
three times and not appointed shall be stricken from 
the list. 

Wisconsin: 

Certify three at head of list. After certification three 
times without being appointed the name may be 
dropped from the list. ' 

Temporary appointments may be made for a period 
not longer than two months when there is urgent 
need. 

Illinois: 

Certify the one highest. Make temporary appoint¬ 
ment if no eligible list exists. Temporary appoint¬ 
ments for thirty day periods also permitted. 

Ohio: 

Certify three highest on list. A person certified more 
than three times to the same appointing officer may 
be omitted from future certification to such officer. 
Temporary appointments may be made as under the 
Illinois law 

Colorado: 

Certify the one highest on the list. 

California: 

Certify the three highest persons. 

promotions : 

New York: 

Vacancies shall be filled so far as possible by promo¬ 
tion from a position in a lower grade in the same 
department. 

Massachusetts: 

Promotion on basis of merit in examinations, and 
seniority of service. 


930 


EFFICIENCY AND ECONOMY COMMITTEE. 


Connecticut: 

Rules shall provide for promotions on a basis of 
merit, seniority and special tests. 

New Jersey: 

Vacancies to be filled by promotion from positions in 
lower grades in same department. 

Wisconsin: 

Promotion as far as possible from positions in lower 
grades in the same department, based on merit and 
seniority to be affected by Commission. 

Illinois: 

Commission to fix lines of promotion; examinations to 
be promotional only or open to general public as 
deemed advisable. 

Ohio: 

Same as in Illinois service. 

Colorado: 

Not specified by law. 

California: 

Vacancies to be filled as far as possible by promotion 
of persons in the same department where vacancy 
exists. 

removals : 

New York: 

Department head has right to remove. 

Massachusetts: 

Veterans of the Civil War shall not be removed ex¬ 
cept after a hearing before the State Board of Arbi¬ 
tration where he shall have right to be present with 
counsel. 

Connecticut: 

Appointing officer has right of removal without hold¬ 
ing a hearing. Person removed may file an answer 
to the reasons given for the discharge. 

New Jersey: 

A written statement of reasons for removal shall be 
filed. No hearing provided for. 

Wisconsin: 

Appointing officer can remove, but must furnish 
reasons for removal to the subordinate, who may 
make a reply thereto. Suspension shall not be for 
more than fifteen days. 

Illinois: 

Provides a period of three months in which discharge 
may be made without the filing of charges. After 
that time charges are necessary and a hearing must 
be held. No charges necessary in case of laborer or 
of persons having custody of public money for safe 
keeping, for which another person has given bond. 

Ohio: 

Department head to furnish the subordinate dis¬ 
charged, laid off or suspended with a copy of the 
order of discharge and his reasons for same, giving 
the subordinate a reasonable time to file an explana¬ 
tion. 

Colorado: 

Department heads can remove, but must furnish the 
person discharged with a written statement of his 
reason and allow a reasonable time for the filing of 
an answer. 

California: 

The Department head must furnish the employee with 
a written statement setting forth cause for removal, 
allowing suitable time for filing of an answer of the 
employee with the commission. The appointing of¬ 
ficer shall then hold a public hearing, and if charges 
are preferred to the Commission it shall hold a hear¬ 
ing. The judgment of removal by the appointing 
power shall be final. 


CIVIL SERVICE LAWS. 


931 


INVESTIGATIONS : 

New York: 
Massachusetts: 
New Jersey: 

Connecticut: 

Wisconsin: 

Illinois: 


Ohio: 

* 


Colorado: 

California: 


No provision. 

No provision. 

Commission shall investigate all matters touching on 
the enforcement of the Act and rules. 

No provision. 

Make investigations concerning all matters pertaining 
to enforcement of the Act and rules. 

Commission shall investigate efficiency of officers and 
employes and report to department heads findings and 
recommendations relating to same. In case recom¬ 
mendations are not put into effect within a reason¬ 
able time, a report shall be transmitted to the Gov¬ 
ernor. 

f 

Commission shall investigate the duties imposed by 
law and prescribe the manner.of performing duties, 
and cost thereof and shall require reports concerning 
employes; a report by the Commission to a depart¬ 
ment head, or failure of an employe to maintain a 
satisfactory efficiency record, shall be sufficient 
ground for dismissal. 

No provision. 

Manner of conducting investigations and procuring 
attorneys or witnesses fixed by the Act. 


III. COMMENTS AND SUGGESTIONS. 

The Civil Service laws of Illinois compare favorably with similar 
laws to be found in other parts of the country. Experience in the ad¬ 
ministration of the present laws, however, brings to light from time 
to time, possibilities of change and improvement. Economy and ef¬ 
ficiency in the administration of the state government cannot be secured 
without trained and competent men in the Civil Service; and the 
gradually increasing extent of the functions performed by the state 
government render it continually more important that the merit sys¬ 
tem of securing public servants should be extended into all branches 
of the public service where it is feasible. 

Selection of the Commission. 

In the United States government and in all of the nine states now 
having Civil Service Commissions, the law provides that the members 
of the Commission shall be appointed by the Governor. Practically 
no restrictions are placed upon the Governor’s choice, through quali¬ 
fications required of the Commissioners, except that it is usually pro¬ 
vided that not more than two of the three members of the Commission 
shall belong to the same political party. 

The requirement that not more than two-thirds of the Commission 
shall belong to the same political party seems to have been adopted 
in Civil Service laws, as in other cases, with a view to eliminating so 
far as practicable, political considerations in the selection of the Com¬ 
mission. In practice, however, such a provision has the opposite ten¬ 
dency, since it carries with it the implication that the members of the 
Commission shall all bear a party label, although not more than two- 
thirds shall bear the same label. The result of this provision is to 
make the apparent intention of the law to be that the Commission shall 
be party men, and, with some exceptions, this condition is produced in 
practice. Bi-partisan combinations in favor of a lax administration 
of the law are rendered possible. At the same time, the bi-partisan 
character of the Commission prevents the concentration of definite 
responsibility for such lax administration upon the party in power. 

Such provisions in regard to party appointments on Civil Service 
Commissions are still upheld by those who recognize that in other 
fields they do not serve the purpose for which they were intended. 
The general tendency at the present time in public administration is 
towards placing definite responsibility in the hands of the chief execu¬ 
tive for the higher appointments, and at the same time removing other 
positions from all political influence. The question may fairly be 
raised whether the appointment of Civil Service Commissioners should 
not be placed definitely in one or the other of these classes, or whether 
such positions have peculiar characteristics which justify an excep- 


CIVIL SERVICE LAWS. 


933 


tional treatment. And it should be recognized that the present meth¬ 
ods of appointing these officers does not definitely fix responsibility 
nor does it ensure the elimination of political influences, but rather 
tends towards a divided partisan control. 

A proposed plan for the selection of Civil Service Commissioners 
on a non-political basis is contained in the draft of a model Civil Serv¬ 
ice law prepared by a committee of the National Assembly of Civil 
Service Commissioners. This draft provides that Civil Service Com¬ 
missioners shall in the first place be appointed by the Governor, but 
any vacancy in the Commission shall be filled by competitive examina¬ 
tion, held by a board of special examiners composed of (a) a person 
who has been for at least two years a member, secretary or chief ex¬ 
aminer of a federal, state, county or municipal Civil Service Commis¬ 
sion; (b) a person who has for at least two years been engaged in 
selecting trained employees for positions involving professional or 
technical skill; and (c) a person who has been for at least two years 
a judge of a court of record within the state. Under this plan the 
members of the Commission should serve not for a fixed term, but 
during good behavior or until retirement at a given age. Trials for 
removal of a Commissioner for cause should be conducted before a 
board constituted in a manner similar to that of the appointing 
board. 12 

This plan is urged on the ground that the Civil Service Commis¬ 
sion is not a part of the administration which is engaged in carrying 
out the special policies of such administration and should, therefore, 
be so far as possible free from political control. The Commission, it 
is said should not be subject to the control of those against whose in¬ 
terests it may sometimes be its duty to enforce the law; but should be 
an independent body of employment experts removed as far as possible 
from all political control. 

In considering this proposal, attention should be called to the fact 
that it is the work of the National Assembly of Civil Service Com¬ 
missioners; and is open to the objection that it represents the views of 
a class of public officers, with a natural tendency to emphasize and 
strengthen their own positions. An attempt was made to prepare a 
model Civil Service law by the joint action of this organization and 
the National Civil Service Reform League, which has taken the lead 
in the general movement in this country for Civil Service laws based 
on the merit system. But after several meetings of Committees of 
both associations, the bill as prepared is the work of one Committee, 
for which the League and its Committee have assumed no respons¬ 
ibility. 

Two points of criticism may be made against the proposal itself. 
In the first place it is based on the same confusion between political 
and party control which is evident in the existing laws. While it may 
well be urged that a Civil Service Commission ought, if possible, to be 
a non-partisan body, it may be seriously questioned whether it should 

12 In this connection may be mentioned the suggestion of Mr. Robert Catherwood, 
formerly a member of the Cook County Commission, that the Commissioners be se¬ 
lected bv competitive examination conducted by a Board appointed by the Chief 
Justice of the State Supreme Court and the President of the State University. 



934 


EFFICIENCY AND ECONOMY COMMITTEE. 


be removed from all political control, in the better sense of the word 
political. If the ultimate control of appointments to the public service 
were entirely removed from popular control, there would be good 
grounds for the charge often made against the present Civil Service 
laws, that this would lead to a permanent bureaucracy, which could 
easily acquire control over the properly political organs of govern¬ 
ment. 

In the second place, the plan proposed definitely has in mind that 
Civil Service Commissioners should be technically trained employment 
experts. This is a decided change from the ideas of the early leaders 
in the Civil Service reform movement. The purpose in most, if not 
all, Civil Service laws has been that the Civil Service Commis¬ 
sioners should be public spirited citizens with a large knowledge of 
affairs, who could formulate a proper system of rules and regulations 
for the selection of public officers and employes; but that the tech¬ 
nical work of preparing suitable examinations and passing on the quali¬ 
fication of applicants should be carried on by technically qualified ex¬ 
aminers, under the direction of the Commission. The proposed plan 
points towards a Commission whose members shall themselves be com¬ 
petent examiners. 

If these criticisms are sound, it should be frankly recognized that 
Civil Service Commissions should be subject to political control; and 
that the selection should be made by the chief executive. 13 It is not 
altogether clear whether that power and responsibility should be com¬ 
plete and unrestricted; or whether in view of the patronage system 
which has prevailed in this country, it may be advisable to continue for 
a time the limitation on party appointments. But it should be recog¬ 
nized that this limitation does not ensure non-partisan appointments, 
but rather tends towards bi-partisan Commissions. 

Exemptions from the Competitive Service. 

The Illinois Civil Service Commission has no power to cover into 
the classified service any positions now exempt, nor to make any ex¬ 
emptions from the positions in the classified service, as the exempt 
classes are specified in the law. This may relieve the Commission 
from some troubles and responsibility; but it would seem that a greater 
degree of discretion might well be authorized, both to grant exemp¬ 
tions and to cover into the classified service certain positions now 
exempt. Either of these actions might be made to require a unani¬ 
mous vote of the Commission after a hearing. 

At the time of the passage of the law of 1911, the Illinois Civil 
Service Reform Association recommended that the, unclassified service 
be restricted to elective officers, persons appointed by the Governor 
subject to confirmation by the Senate, judges and their appointees, 
court clerks, notaries public, teachers and administrative officers in 
state educational institutions and servants at the executive mansion. 
The exemption in the law as to appointments made by the Governor 
with the consent of the Senate is now construed to exempt a number 

J3 The local administration of civil service laws may, however, be effectively man¬ 
aged by an officer chosen by competitive examination, who should act under the 
supervision of the general rules and regulations of the State commission. 



CIVIL SERVICE LAWS. 


935 


of appointments which are by law to be made by the Governor without 
an express requirement of Senate action. Under this construction, 
mine inspectors and state factory inspectors are exempt. There is no 
good reason why such officers should be exempted. 

The exemption of bank and building and loan examiners and of 
clerks and watchmen under the elective state officers seems to have 
been due to political considerations, and it is difficult to see why they 
should be excepted. The experience of Wisconsin in placing legis¬ 
lative employes under the merit system indicates that this might also 
be done with advantage in Illinois. Such a change would have the 
effect of relieving the members of the General Assembly from much 
disagreeable importunity, and afford them more time for their regular 
duties. 

On the other hand, it is difficult and sometimes impossible to fill 
some positions now included in the competitive, classified service by 
the methods of the Civil Service Commission. With the growth of 
the State service this difficulty will increase. Moreover the specifica¬ 
tion of exempt positions is more properly an administrative than a 
legislative function; and if exemptions are determined in the statutes, 
they are likely to be made in many cases from considerations of poli¬ 
tical patronage. A discretionary authority to authorize exemptions 
or non-competitive examinations, either for specified classes of posi- 
tons or for particular places, would introduce a useful flexibility in 
the system, such as is provided in the civil service laws of the United 
States and in most other states. 

Number of names to be certified. 

The Illinois Civil Service laws differ from the earlier laws of the 
United States and other states in limiting the certification and appoint¬ 
ment to the single name which stands first on the appropriate eligible 
list; while-most other laws provide for the certification of the three 
names first on the eligible list from which the appointment may be 
made. The Illinois provision deprives the appointing officer of any 
discretion, and practically places the appointing power in the hands of 
the Civil Service Commission. In operation, too, this provision at 
times causes delay in filling vacancies—as if the first person certified 
declines the appointment, it is necessary to ask for another certifica¬ 
tion—and this procedure may have to be repeated several times. The 
certification of three names would seem to be sufficient limitation to 
ensure the selection of candidates technically qualified; and at the same 
time to give the appointing officer a reasonable discretion in consider¬ 
ing questions of adaptability to a particular position which it is difficult 
to test by a general system of examination. 

Removals and Discipline. 

It may also be questioned whether the requirement of a formal 
investigation to authorize any removal from the classified service is 
not unduly restrictive. This provision protects the officer or employe 
rather than the public service, and may be said to give a special and 
unnecessary privilege to those in the classified service. It is probable 
that in operation the investigations of the Civil Service Commission 


936 


EFFICIENCY AND ECONOMY COMMITTEE. 


have not prevented the remov.al of any person against whom proper 
complaint has been made. But the provision is likely to encourage 
lax and inefficient service which falls short of the point where formal 
charges can be sustained. A provision requiring removals to be re¬ 
ported to the Civil Service Commission and authorizing that body to 
investigate any cases which it deemed necessary, with a power to rein¬ 
state after investigation, where conditions warrant such action, should 
be sufficient to prevent removals without proper cause. 

All of the Civil Service laws in the United States are defective in 
failing to provide for a system of discipline over subordinates in the 
public service for minor shortcomings which are not sufficient to jus¬ 
tify removal. With a proper system of discipline the efficiency of the 
public service could be much improved. 

Miscellaneous. 

Some provision should probably be made to obviate the abuses 
which have grown up in connection with the probationary period of 
three months for new appointees, and also in connection with the 
privilege of making temporary thirty day appointments. 

Some consideration should also be given to the question of a re¬ 
tirement fund for superannuated employes. Any existing funds for 
pensioning public employes should be consolidated and some plan 
should be evolved, preferably a contributory plan, along the lines 
recommended by the United States Commission which has investigated 
this subject. 

Civil Service laws proceed upon the basic idea that for entry into 
the public service merit and fitness can be tested by examination; but 
to accomplish this end the preparation of examination questions and 
the grading of papers must be entrusted to expert examiners, who are 
specialists in their particular fields, and not to a few general examiners 
in the office of the Commission. The Illinois Civil Service Commission, 
and the Commissions in other states, have secured the cooperation of 
such specialists in examining applicants for a few of the more impor¬ 
tant positions, but there is need for a further extension of the use of 
expert examiners. Written examinations are not in all cases suf¬ 
ficient to test the practical knowledge of candidates and should be 
supplemented by oral tests, and by a paper upon some special topic 
which will test the ability of the applicant to apply his knowledge, and 
by weighing the experience of the several applicants. After a person 
has once entered the state employ it is possible to test efficiency in a 
more definite manner. 

Much good may also result from the duty imposed upon the State 
Civil Service Commission “to investigate the efficiency of all officers 
and employes and of all groups of officers and employes in the classi¬ 
fied service/’ 

Relation of State to Local Commissions. 

The fact that the Illinois Civil Service laws have grown up in 
piece-meal fashion doubtless accounts in part for the lack of coordina¬ 
tion between them. A State Commission and several local commis¬ 
sions have been established under these laws. The relations between 


CIVIL SERVICE LAWS. 


937 


these commissions, however, have not been defined, and the commis¬ 
sions are entirely separate and distinct. There would seem to be no 
adequate reason why the laws should not be revised so as to bring 
about the consolidation of the various Commissions in Cook County- 
county, city and park—into one commission having powers similar 
in a general way to those now exercised by the separate Commissions. 

A simple consolidation of local commissions would not, however, 
entirely remedy the faults of the present system. Some degree of 
supervision should be exercised over the local commissions by the state 
commission, for the sake of uniformity and efficiency of administra¬ 
tion. Some provisions of the New York law might point the way to the 
character of supervision which should be exercised over the local by 
the state commission. The rules adopted by the local commissions 
might be subject to the approval of the State commission. The ap¬ 
pointment of members of local commissions might be made subject to 
the approval of the state commission; and the former might be sub¬ 
ject to removal on charges and after a hearing by the central body. 

The strong sentiment in Illinois in favor of home rule would 
oppose any attempt at placing the local administration of Civil Service 
laws entirely in the control of the State Commission as in Massachu¬ 
setts. But there should be no serious objection to the adoption of the 
New Jersey provision, whereby any city may by popular vote adopt 
the state law, as an alternative to the adoption of the law providing 
for local commissions. 14 A similar plan might well be adopted with 
respect to counties. The creation of separate local commissions for 
each of the cities or counties in the state will lead to an unnecessary 
multiplication of machinery and additional expense, which can be 
avoided by coming under the jurisdiction of the State Commission. 
At the same time the larger cities which can more easily maintain a 
local commission may well continue under the present system. For 
Cook County there is now a Civil Service law. The other larger 
counties might well be given the opportunity either to adopt an op¬ 
tional law administered by themselves or to come under the State 
Commission. 

Under an Optional Act of 1903, a number of cities have adopted 
Civil Service rules for their police and fire departments, and have ap¬ 
pointed boards of police and fire commissioners. As enacted, the po¬ 
lice and fire commissioners’ act provided that from the orders of the 
city boards created thereby, appeals might be taken to the circuit court 
by any interested person. This provision for appeal was declared 
unconstitutional in the case of City of Aurora v. Schoeberlein, (230, 
Ill., 496, 1907) ; and since that time there has been no supervision over 
these local boards. Some supervision over these bodies should be 
conferred upon the State Civil Service Commission. 

14 In the 45th General Assembly a bill was introduced by Senator Logan Hay to 
permit cities to adopt the law in force in Chicago, to be enforced through the State 
Commission. See Second Annual Report of the Illinois Civil Service Commission, p. 

18 . 



938 


EFFICIENCY AND ECONOMY COMMITTEE. 


The supervision of local commissions and direct administration 
by the State Commission will not only lead to greater harmony in 
the operation of the Civil Service laws, but will also reduce the in¬ 
fluence of local factors opposed to the vigorous enforcement of the 
merit system, and thus lead to greater economy and efficiency in the 
local services. 






. 








* 




\ 




, ' ' , • * . 








* 


A REPORT 

ON 

THE SECRETARY OF STATE 
AND LAW OFFICERS 























f 


t 























* 


✓ 












CONTENTS 


I. THE SECRETARY OF STATE. 943-952 

Keeper of Records. 943 

Custodian of Buildings and Grounds.*. 943 

Furniture and Supplies. 944 

Elections . 944 

Supervision of Corporations. 945 

Automobile Department. 945 

Miscellaneous Functions . 946 

Ex-Officio Boards and Offices. 947 

Appropriations, 1913. 947 

Ex-Officio Boards . 950 

Election Boards . 950 

Comments and Suggestions. 951 

II. law officers .,. 953-970 

The Attorney General . 953 

Auditor of Public Accounts. 955 

Attorneys in other State Offices. 956 

Counsel to State Public Utilities Commission. 956 

Attorney for the Insurance Department. 956 

Attorney to the Factory Inspection Department. 956 

Attorney to the Food Commissioner. 956 

Attorney to the State Board of Health. 957 

Opinion of the Attorney General on Special Attorneys. 957 

Supervision of Local Attorneys. 960 

The United States Department of Justice. 968 

Comments and Suggestions. 969 

Commissioners of Uniform Laws. 970 

































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. 















































« ' 

. 






































































9 




• v * * ■ § 


I. the secretary of state 

The Secretary of State is provided for by the State Constitution 
as one of the officers of the executive department, elected at the same 
time as the Governor, for a term of four years. By statute he is 
required to give bonds for $100,000, to be approved by the Governor 
and two justices of the Supreme Court, for the faithful discharge of 
the duties of his office. He receives a salary of $7,500 a year. 

Constitutional provisions deal with some of the powers and duties 
of the Secretary of State: The election returns for officers of the 
executive department must be transmitted to the Secretary of State, 
directed to the Speaker of the House of Representatives. The Secre¬ 
tary of State is required to call the House of Representatives to order 
at the opening of each new assembly, and preside over it until a 
temporary presiding officer has been chosen and has taken his seat. 
The Great Seal of the State shall be kept by the Secretary of State 
and used by him officially as directed by law. 

But most of the functions performed by the Secretary of State 
are authorized by the statute,—some in the Act dealing with the 
Secretary of State and others in many other Acts. These cover a 
wide variety of different matters, while in many affairs the functions 
of the Secretary of State are closely related to those of other officers 
and boards. The various services as performed by the Secretary of 
State may be classified as follows: 

Keeper of Records. 

All public acts, laws, and resolutions passed by the General 
Assembly must be deposited in the office of the Secretary of State; 
who is charged with the safe keeping of the office and of all laws, 
acts, resolutions, bonds, papers, and records deposited therein. At the 
close of each session of the General Assembly the Secretary of the 
Senate and Clerk of the House of Representatives must deliver to 
the Secretary of State all books, bills, documents, and papers and the 
Secretary of State is required to preserve them in his office. 

It is the duty of the Secretary of State to keep a fair register 
of all the official acts of the Governor and to furnish a certified copy 
when required to either house of the General Assembly; to counter¬ 
sign and affix the seal of the State to all commissions required by 
law to be issued by the Governor and to keep a register of such com¬ 
missions ; to make and keep proper indexes to the executive records 
and all public Acts, resolutions, papers, and documents in his office; 
and to give certified copies of any law, Act, resolution, or record in 
his office to any person on paying the lawful fees. 

Custodian of Buildings and Grounds. 

It is his duty to take charge of and preserve from waste and keep 
in repair the houses, lots, grounds, and appurtenances in the city of 


944 


EFFICIENCY AND ECONOMY COMMITTEE. 


Springfield and belonging to or occupied by the State, the care of 
which is not otherwise provided for by law. 

The Secretary of State and State Treasurer are authorized and 
required to employ watchmen to guard and preserve from fire the 
public buildings in the city of Springfield. 

A Superintendent of Buildings and Grounds and a force of jani¬ 
tors, policemen, and other employees in the State Capitol are provided 
for in the appropriations for the Secretary of State. In addition 
there are nine watchmen provided for in the appropriations for the 
State Treasurer; eleven janitors are provided for in the appropriations 
for the several bureaus having offices in the State Capitol; and a 
separate force of janitors for the Supreme Court building is provided 
for in the appropriation for the Supreme Court and the Attorney 
General. 

Furniture and Supplies. 

It is his duty to take charge of the furniture of the two houses 
of the General Assembly, and to take charge of and keep in repair 
and replenish the furniture of the State House, except as otherwise 
provided. He is also required to receive and take charge of all fuel, 
stationery and printing paper furnished for the use of the State; to 
furnish fuel and stationery from the stores in his possession to the 
General Assembly and to the several State officers; to furnish printing 
paper for public printing to the public printer, to supervise the printing 
and distribution of the laws, journals, reports and public documents; 
to examine and approve bills for printing; and to keep an accurate 
account of fuel, stationery and printing furnished to the State, and 
to the officers, general assembly or contractors. These duties in 
regard to fuel, stationery and printing are closely related to the work 
of the State Board of Contracts, of which the Secretary of State 
is a member, and of the Printer Expert. 

Appropriations are made to the Secretary of State for four ship¬ 
ping clerks, two supply clerks and two messengers in the Supply 
Department. 

Elections. 

Under the primary election and election laws many duties are 
imposed on the Secretary of State. He receives primary petitions 
from primary candidates for State offices and applications for with¬ 
drawal, and certifies the names of primary candidates to the county 
clerks; he serves on the State primary canvassing board, issues certifi¬ 
cates of nomination to successful candidates for State offices, publishes 
a certified statement of primary election results, and receives notice 
of primary election contests for State offices. He receives nominating 
petitions for State offices and requests for withdrawal; he serves on 
the board to hear objections to nominating petitions; and he certifies 
to the county clerks all nominations for State offices, publishes pro¬ 
posed constitutional amendments, submits questions of public policy 
petitioned for by ten per cent of the voters, and prepares and certi¬ 
fies to the county clerks’ statements as to proposed constitutional 
amendments and questions of public policy. 


SECRETARY OF STATE. 


945 


Abstracts of votes for State officers, members of Congress, mem¬ 
bers of the General Assembly, constitutional amendments and ques¬ 
tions of public policy are sent to the Secretary of State who serves 
on the State Canvassing Board, and decides by lot in case of a tie 
vote for certain offices. He also receives notices and depositions 
relating to contests for seats in the General Assembly, and sends them 
to the proper house. He is a member of the board of voting machine 
commissioners. 

After an election on a proposition to unite two or more counties, 
certified copies of the vote are sent to the Secretary of State; and if 
a majority of the vote is in favor thereof, the Secretary notifies the 
Governor, who issues a proclamation announcing and declaring the 
result. 

Supervision of Corporations. 

Under the laws for the organization and regulation of corporations, 
the Secretary of State is charged with supervising the organization 
of most classes of corporations, and the admission of foreign cor¬ 
porations ; and he has a limited supervision over general corporations 
not subject to any other State officer or board. The control over the 
organization and admission of corporations includes, in addition to 
general corporations, also title guarantee companies, trust companies, 
farmers’ societies, railways, educational and religious corporations, 
cemetery associations and cooperative associations. The character and 
extent of this supervision over corporations is discussed in another 
section of this report. In connection with the issue of corporation 
charters and certifificates, annual reports, and anti-trust affidavits, 
the Secretary of State receives a large amount in fees,—$1,125,832 
for the two years ending September 30th, 1914. 

Automobile Department. 

An Act to regulate the speed of automobiles was passed by the 
General Assembly in 1903. This was replaced in 1907 by an Act for 
the registration of motor vehicles and for regulating their use and 
speed. In 1911, another Act relating to motor vehicles was passed, 
repealing the Act of 1907. 

Under the present law, every owner of a motor vehicle is 
required to register with the Secretary of State and to pay a regis¬ 
tration fee for each calendar year ranging from $2.00 for each motor 
bicycle to $10.00 for each motor vehicle of more than 50 horse power. 
The Secretary of State issues and supplies each owner paying the fee 
a certificate of registration, a seal with the registration number and 
number plates to be attached to the vehicle. The Secretary of State 
is required to keep a record of the motor vehicles registered, and at 
the end of each month, but December, to print and mail to the county 
clerk a complete list of all vehicles registered with the names of the 
owners. 

The Secretary of State also has charge of the examination and 
licensing of chauffeurs to operate motor vehicles. Applications are 
made to the Secretary of State, accompanied by a fee of $5.00; and 


946 


EFFICIENCY AND ECONOMY COMMITTEE. 


the Secretary of State appoints., examines, holds examinations and 
issues licenses and metal badges to those who pass. Licenses are 
renewed annually on payment of a fee of $3.00; and no person may 
operate a motor vehicle on a public highway without a license. 

All moneys received from these registration and license fees, less 
certain expenses, are required to be set apart as a special Road Fund 
in the State Treasury; and these now form an important source of 
revenue. 

The expenses collected with the collection of these fees appear 
to be paid out of the general revenue fund; and these amount to a 
large proportion of the revenue. The receipts and expenses for the 
last two biennial periods are shown below: 

Receipts into 

State Treasury. Expenses. 

October 1, 1910 to September 30, 1912. ....$ 401,162.22 $ 95,494.31 

October 1, 1912 to September 30, 1914. 1,182,400.11 213,929.37 

The clerical force connected with the automobile department is 
not large; but the expenses for supplies and transportation charges 
come to a considerable amount. Most of the appropriations made for 
these purposes in 1911 had been exhausted by September 30 ,1912, and 
emergency and deficiency appropriations were made in 1913 for $104,- 
703.83, in addition to appropriations of $215,000 for the two succeed¬ 
ing fiscal years. The expense for administering these automobile fees 
is thus about twenty per cent of the amount collected. 

In most of the American states the registration of motor vehicles 
and licensing of chauffeurs is placed in charge of the Secretary of 
State, as in New York, Ohio, Indiana, Michigan, Missouri, Oregon 
and Connecticut. In New Jersey there is a department of Motor 
Vehicle Registration and Regulation in connection with the department 
of state; and the Assistant Secretary of State is ex officio Commis¬ 
sioner of Motor Vehicles. 

A few states have placed this work in other hands. In Massa¬ 
chusetts, Pennsylvania and California it is in charge of the State 
Highway authorities. In California applications and fees are sent to 
the State Treasurer, who notifies the department of engineering. In 
Maryland there is a commissioner of motor vehicles appointed by the 
Governor. 

Miscellaneous Functions. 

Under the Weights and Measures Act (revised in 1913), the 
Secretary of State is ex officio State sealer of Weights and Measures 
and has the care and custody of the authorized public standards of 
weights and measures. He is required to try and prove by such stan¬ 
dards any weights and measures belonging to any county, city or other 
municipal corporation sent to him by the county or municipal sealer 
of weights and measures; and to execute and deliver certificates that 
such weights and measures are accurate. 

By an Act of 1911 to regulate and prevent frauds in sales by 
itinerant venders, such venders are required to deposit $500 with the 
Secretary of State and to pay $25.00 as a fee for a State license 
for one year to be issued by the Secretary of State. The deposit is 




SECRETARY OF STATE. 


947 


to be held for 60 days after the expiration or cancellation of the 
license, subject to attachment on behalf of creditors. 

The Secretary of State also records trade-marks; and he issues 
instructions and forms to commissioners of deeds, and certificates of 
magistry to notary publics. 

Ex Officio Boards and Offices. 

The Secretary of State is ex officio a member of the following 
boards: 

Board of Commissioners of State Contracts, 

Primary Canvassing Board, 

Board to hear objections to nominating petitions, 

State Canvassing Board, 

Board of Voting Machine Commissioners, 

Board of Commissioners of the State Library,—also State 
Librarian, 

Board of Trustees of the National History Museum, 

Board of Trustees of the Lincoln Homestead, 

Board of Trustees of Fort Massac. 


APPROPRIATIONS FOR THE SECRETARY OF STATE, 1913-15. 

No. of Salaries Expenses Totals 


Empl. 

Secretary of State. 

General Expenses. 

Chief Clerk and Assistant.2 

Executive Clerks .2 

Index Clerks . 4 

Clerks . 3 

Private Secretary . 1 

Stenographers .11 

Bookkeeper . 1 

Porters and Messengers . 3 

Extra Clerk Hire . 

Office . 

Postage (emergency) . 

Incidentals .. 

Blue Book . 


27 


Buildings and Grounds. 

Superintendent and Assistant.2 

Carpenters . 2 

Policemen .. 6 

Elevator Conductors . 4 

Janitors .11 

Flagman . 1 

Engineers . 3 

Firemen . 9 

Weigher . 1 

Electricians . 4 

Helper . 1 

Heating and Lighting . 

Emergency. 

Repairing State House . 


Elevators and Toilets 


44 


per annum 
$ 7,500.00 

$ 6,600.00 
3,300.00 
6,100.00 
2,700.00 
2,100.00 
18,480.00 
2,000.00 
2,700.00 
1,500.00 

per annum 
$ . 

5,000.00 

5,000.00 

Two Years 
$ 15,000.00 

$ 13,200.00 
6,600.00 
12,200.00 
5,400.00 
4,200.00 
24,960.00 
4,000.00 
5,400.00 
3,000.00 
10,000.00 
3,000.00 
10,000.00 
2,000.00 

$45,480.00 

$10,000.00 

$103,960.00 

$ 4,300.00 

$ 

$ 8,600.00 

2,000.00 

4,000.00 

4,800.00 


9,600.00 

3,600.00 


7,200.00 

8,800.00 


17,600.00 

800.00 


1,600.00 

4,440.00 


8,880.00 

8,100.00 


16,200.00 

1,000.00 


2,000.00 

5,200.00 


10,400.00 

900.00 


1,800.00 


13,000.00 

26,000.00 

5,000.00 


1,000.00 

2,000.00 

200.00 

30,000.00 

$43,940.00 

$14,000.00 

$151,080.00 





































948 EFFICIENCY AND ECONOMY COMMITTEE. 

Supply Department. 

Supply Clerks .2 $ 3,900.00 $ 7,800.00 


Messengers . 2 

4 

Shipping Department. 

Shipping Clerks . 4 

No. of 
Empl. 

Corporation Department. 

Clerks . 4 

Anti-Trust Clerks .5 

Expenses . 


Foreign Corp. Investigators. 

(emergency) — 

9 

Automobile Department. 


Clerks . 4 

Investigators . 3 


Extra Clerk Hire . 

Clerks (emergency) . 

Numbers and Tags. 

Traveling Expense . 

Freight and Parcel Post. 

Freight and Parcel Post (emrgcy) 
Deficiency and Exp. (emergency) 

7 


Chicago Office. 

Deputy ... 1 

Examiner . 1 

Stenographer and Clerk. 1 

Rent . 

Light and Telephone . 


Typewriter and Adding Machine. 

3 

No. of 
Empl. 

State Library. 


Librarian . 6 

Janitor . 1 


For Purchase of Books and Ex¬ 
penses .. 

Postage . 

Tools, etc. 

Shelving and Furniture . 

7 

Library Extension Commission. 


Organizer. 1 

Asst. Librarian . 1 

Stenographer . 1 

Extra Help. 


Traveling Expenses . 

Expenses of Commissions. 

3 


1,800.00 


3,600.00 

$ 5,700.00 ’ 

' . 

$ 11,400.00 

$ 6,720.00 

Salaries 
per annum 

Expenses 
per annum 

$ 13,240.00 

Totals 
Two Years 

$ 7,200.00 
7,300.00 

$ 

1,500.00 

$ 14,400.00 
14,600.00 
3,000.00 
1,000.00 

$14,500.00 

$ 1,500.00 

$ 33,000.00 

$ 4,640.00 
3,600.00 
2,500.00 

$ 

75,000.00 

1,800.00 

20,000.00 

$ 9,280.00 
7,200.00 
5,000.00 
2,500.00 
150,000.00 
3,600.00 
40,000.00 
15,000.00 
87,203.83 

$10,740.00 

$96,800.00 

$319,783.83 

$ 2,250.00 
1,500.00 
1,000.00 

$ 

1,200.00 

200.00 

$ 4,500.00 
3,000.00 
2,000.00 
2,400.00 
400.00 
1,000.00 

$ 4,750.00 
Salaries 
per annum 

$ 1,400.00 
Expensed 
per annum 

$ 13,300.00 
Totals 
Two Years 

$ 6,400.00 
900.00 

$ 

$ 12,800.00 
1,800.00 

* 

2,000.00 

200.00 

200.00 

4,000.00 

400.00 

400.00 

1,000.00 

$ 7,300.00 

$ 2,400.00 

$ 20,400.00 

$ 1,200.00 
900.00 
720.00 
150.00 

$ 

600.00 

$ 2,400.00 
1,800.00 
1,440.00 
300.00 
1,200.00 
1,700.00 

$ 2,970.00 

$ 600.00 

$ 8,840.00 




















































SECRETARY 

Museum of Natural History. 


Curator... 1 

Asst. Curator . 1 

Janitor .’ 1 


Catalogers, Carpenters, Stenog¬ 
raphers . 

General Expense . 

Books and Specimens . 

Purchase and Repair of Cases...*. 


OF STATE. 


949 

$ 3,000.00 

$ 

$ 6,000.00 

1,200.00 


2,400.00 

1,000.00 


2,000.00 

600.00 


1,200.00 

2,000.00 


1,000.00 

2,000.00 


500.00 

1,000.00 



3 

$ 5,800.00 

$ 1,500.00 

Lincoln Home. 

Custodian . 


$ 1,500.00 

$ 

300 00 

Improvements and Repairs . 


Heating and Lighting . 



350.00 

Incidental Expenses . 



300.00 


1 

$ 1,500.00 

$ 950.00 

Fort Massac Trustees. 

Custodian . 

. 1 

$ 600.00 

$ 

Care and Improvement . 

Extension of Retaining Walls... 



2,500.00 


$ 16,600.00 


$ 3,000.00 
600.00 
700.00 
600.00 


$ 4,900.00 


$ 1,200.00 
5,000.00 
1,500.00 


1 

$ 600.00 

$ 2,500.00 $ 

7,700.00 



Total 

Number 


Salaries 

Appropriation 

of 


per annum 

Two Years Employes 

Summary. 

The Secretary of State. 

.$ 7,500.00 

$ 15,000.00 


General Expenses . 

. 39,480.00 

103,960.00 

27 

Building and Grounds. 

.... 43,940.00 

151,080.00 

44 

Supply Department . 

_ 5,700.00 

11,400.00 

4 

Shipping Department . 

_ 6,720.00 

13,240.00 

4 

Corporation Department . 

_ 14,500.00 

•33,000.00 

9 

Automobile Department .. 

.... 10,740.00 

319,783.83 

7 

Chicago Office . 

_ 4,750.00 

13,300.00 

3 


$133,330.00 

$660,763.83 

98 

State Library . 

.$ 7,300.00 

$ 20,400.00 

7 

Library Extension Commission.. 

. 2,970.00 

8,840.00 

3 

Museum of Natural History. 

.... 5,800.00 

16,600.00 

3 

Lincoln Home . 

. 1,500.00 

4,900.00 

1 

Fort Massac Trustees .. 

. 600.00 

7,700.00 

1 


$ 18,170.00 

$ 58,440.00 

16 

Emergency Appropriations, 1913 . 

General Expenses—Postage. 


$ 3,000.00 


Buildings and Grounds—Heating 

and 

5,000.00 


Lighting . 



Corporation Department—Investigators — 

1,000.00 


Automobile Department—Clerks. 

Automobile Department—Freight and Par- 

2,500.00 


cel Post . # . 

Automobile Department—Deficiency 

and 

15,000.00. 


Expenses .*. 


87,203.83 

$113,703.83 




















































950 


EFFICIENCY AND ECONOMY COMMITTEE. 


EX OFFICIO BOARDS. 


Gov. Lieut. Gov. 


Commissioners of State 

Contracts . 

State Canvassing Board. 
Primary Canvassing 

Board . x 

Board on Objections to 

Nominations . x 

Commissioners of State 

Library . x 

Trustees National His¬ 
tory Museum . x 

Trustees Lincoln Home¬ 
stead . x 

Trustees Lincoln Monu¬ 
ment . x 

Fort Massac Trustees... x 
Commissioners of the 


Department of Justice. x x 


Secy. Auditor Treas- Atty. Supt. Pres, 

of urer Gen. Pub. St. 

State Instr. Board 

Ag. 


X X X X 

X X X X 


X X 


XX X 

x X 

x X 

XXX X 

X X 

X X 


X X X X 


ELECTION BOARDS. 


The board of voting machine commissioners, established in 1903, 
consists of the Secretary of State and two persons who must be 
mechanical experts and not members of the same political party, 
appointed by the Governor for a term of four years, but removable at 
his pleasure. The board examines and reports on the accuracy, 
efficiency, capacity and safety of voting machines; and voting machines 
not approved by this board cannot be used at any election. Each of 
the mechanical experts is entitled to $100 for his compensation and 
expenses in making such examination and report, to be paid by the 
persons or corporation applying for such examination. 

The State Primary Canvassing Board consists of the Governor, 
Secretary of State and State'Treasurer. This board canvasses the 
returns of primary elections for State officers and decides tie votes by 
lot; it makes proclamation of the results of primary elections for 
State offices and files certificates of nominations in the office of the 
Secretary of State. 

Objections as to certificates of nomination and as to nomination 
papers in the case of State officers are considered by the Secretary 
of State, the Auditor and the Attorney General; and a decision of 
a majority of these officers is final. 

What is commonly known as the State Canvassing Board, con¬ 
sists of the Secretary of State, Auditor, Treasurer and Attorney 
General, or any two of them in the presence of the Governor. This 
body canvasses the vote for United States Senators and members of 
Congress, Judges and Clerk of the Supreme Court, Judges of the 
Circuit Court, Senators and Representatives to the General Assembly, 
members of the State Board of Equalization and trustees of the 
University of Illinois. 

It is difficult to explain on any rational bases the existence of 
these several boards for election purposes. The statutes and admin- 









SECRETARY OF STATE. 


951 


istrative machinery would be simplified by placing the several func¬ 
tions in the hands of one State board of elections, to pass on voting 
machines and objections to nominations, and to canvass the returns 
for both primary and final elections. This board should include the 
Governor, Secretary of State and Attorney General. Provision could 
be made for appointing mechanical experts to report on voting 
machines to the State board of elections. 

COMMENTS AND SUGGESTIONS. 

The powers and duties of the Secretary of State in Illinois form 
a heterogenous group of functions not closely related to each other. 
Many of these matters have no necessary connection with the office 
of Secretary of State, and instances may be found in other states 
where most of his functions, except that of keeper of certain official 
records, is given to some other officer or board. In Illinois the powers 
of the Secretary of State, in some matters partially under his control, 
are limited by the authority of other officers and boards, such as the 
commissioners of contracts and the printer expert. 

Some of the functions of the Secretary of State are closely re¬ 
lated to those of other independent officers and boards; and have been 
considered in other reports prepared for the Efficiency and Economy 
Committee. In a general re-organization of the state service such 
positions might well be transferred from the Secretary of State and 
associated with other authorities dealing with the same general sub¬ 
ject. Thus the supervision over corporations could be combined with 
the supervision over banks, insurance companies and public utilities, 
in a Department of Trade and Commerce as proposed in another part 
of this survey. So too, the registration of motor vehicles and licensing 
of chauffeurs and the collection of fees is largely a revenue matter and 
might well be organized in the proposed department of Finance. 

The functions of the Printer Expert should be increased, so that 
he could exercise full control over public printing and binding in addi¬ 
tion to the present technical duties. This work should further be com¬ 
bined with that of a purchasing agent for stationery and office sup¬ 
plies; and the title of the office changed to that of Superintendent of 
Printing. The printing and supplies for each office should also be 
charged to such office; though a record should also be kept of the 
total amount expended by all offices for such purposes. 

The State Board of Contracts should be abolished; and contracts 
for printing, binding and office supplies should be made by the Super¬ 
intendent of Printing, subject to the approval of the proposed State 
Comptroller, and also of the Governor as required by the Constitution. 
Such contracts should include more nearly than at present all of 
such supplies for the various State officers and boards. 

The Superintendent of Buildings and Grounds should be appointed 
by the Governor; he should have supervision over all state buildings 
and grounds in Springfield, including the Capitol, Supreme Court 
Building, the Armory, the Executive Mansion, and the Lincoln Home 
and Lincoln Monument. 

The several election boards should be consolidated into one elec- 


952 


EFFICIENCY AND ECONOMY COMMITTEE. 


tion board, consisting of the Governor, Secretary of State and Attor¬ 
ney-General. 

If the Secretary of State were made, as he should be, an officer 
appointed by the Governor, the loss of some of his present functions 
could be offset by the transfer to his department of other services and 
by giving this department more complete control over some matters, 
over which it has now only a partial control. Thus the Secretary of 
State, in addition to his primary function as Keeper of Records, could 
continue his duties in relation to elections; and the Superintendent of 
Buildings and Grounds, the Superintendent of Printing, and the Civil 
Service Commission could appropriately be attached to this depart¬ 
ment. While this would not make a coherent department of closely 
related functions, it would make a department of some importance, 
uniting a number of services not easily assignable to other departments. 

This plan, however, involves an amendment of the state constitu¬ 
tion as to the method of selecting the Secretary of State. Under the 
existing provisions, the concentration of responsibility can best be 
secured by placing the Superintendent of Buildings under the proposed 
department of Public Works, and by making the Superintendent of 
Printing directly responsible to the Governor. 

It may be noted that the investigators for the Committee on Re¬ 
trenchment and Reform of the Iowa General Assembly have recom¬ 
mended in their plan for reorganizing the state administration that the 
duties of the Secretary of State as Keeper of the Seal and records be 
combined with those of the Attorney-General, in one department. 


II. LAW OFFICERS. 


THE ATTORNEY-GENERAL. 

Statutes of the Territory of Illinois prescribed duties for the 
Attorney for the Territory, but did not create the office of Attorney- 
General. An Act of the first General Assembly of the State, in 1819, 
provided for the duties of the Attorney-General; to be elected by the 
General Assembly for a term of two years. From time to time other 
Acts were passed relating to this office. 

The Constitution of 1848 made elective the previously existing 
state officers, except the Attorney-General, for whom no provision 
was made, and the office was discontinued. By Act of 1867, the office 
of Attorney-General was again created, to be filled first by appoint¬ 
ment by the Governor, for a term of two years, and afterwards to be 
elected by popular vote. 

The Constitution of 1870 names the Attorney-General as one of 
the officers of the executive department, to be elected by popular vote 
for a term of four years. Vacancies are filled by the appointment of 
the Governor. 

Before entering on the duties of his office, the Attorney-General 
is commissioned by the Governor, takes an oath or affirmation, and 
must execute a bond of $10,000 for the faithful discharge of the duties 
of the office. He receives a salary of $10,000 a year. 

The duties of the Attorney-General are defined by statute. His 
general duties are provided in an Act of 1874 in regard to the Attorney- 
General and State’s Attorneys; while other specific powers and duties 
are provided in various laws. His principal functions may be classi¬ 
fied under two main divisions—as attorney for the State and State 
Officers in proceedings before the courts; and as legal advisor to the 
Governor, other State Officers and the General Assembly. 

Attorney for the State and State Officers. 

In the first capacity, it is his duty: 

To appear for and represent the People* of the State before the 
Supreme Court, in all cases in which the State or the People of the State 
are interested. 

To institute and prosecute all actions and proceedings in favor or for 
the use of the State which may be necessary in the execution of the duties 
o!E any State officer. 

To defend all actions and proceedings against any State officer in his 
official capacity, in any of the courts of this State or of the United States. 

To consult with and advise the several State’s Attorneys in matters 
relating to the duties of their office; and when in his judgment the interest 
of the People of the State requires it, he shall attend the trial of any 
person accused of crime and assist in the prosecution. 

To enforce the proper applicaton of funds appropriated to the public 
'institutions of the State, prosecute breaches of trust in the administration 
of such funds, and, when necessary, prosecute corporations for failure 
or refusal to make the reports required by law. 


954 


EFFICIENCY AND ECONOMY COMMITTEE. 


Legal Advisor. 

As legal advisor, it is his duty: 

To consult with and advise the Governor and other State officers, and 
give, when requested, written opinions upon all legal or constitutional ques¬ 
tions relating to the duties of such officers respectively. 

To prepare, when necessary, proper drafts for contracts and other 
writings relating to subjects in which the State is interested. 

To give written opinions, when requested by either branch of the 
General Assembly, or any committee thereof, upon constitutional or legal 
questions. 

Other General Duties. 

It is also the duty of the Attorney-General: 

To keep in proper books a register of all cases prosecuted or defended 
by him, in behalf of the State or its 'officers, and of all proceedings had 
in relation thereto, and to deliver the same to his successor in office. _ # 

To keep in his office a book in which he shall record all official opinions 
given by him during his term of office, w'hich book shall be by him delivered 
to his successor in office. 

To pay into the State Treasury all moneys received by him for the, use 
of the State. 

To attend to and perform any other duty which may from time to 
time be required of him by law. 

Specific Duties. 

A number of statutes provide specifically for action by the Attorney- 
General for their enforcement; though in some cases these provisions add 
little or nothing to his duties as prescribed in general. 

Quo Warranto Proceedings. 

It is the duty of the Attorney-General to file any information in the 
nature of a quo warranto against, any person holding office illegally and 
against any corporation holding or exercising any franchise or license in 
violation to law. 

Against Corporations. 

More specifically it is the duty of the Attorney-General to institute 
proceedings for the dissolution of corporations which have ceased to act, 
and for the dissolution of insolvent homestead loan associations, to bring 
actions against foreign corporations for violations of the law, and to 
proceed against violations of the anti-trust Act. 

Other Laws. 

The Attorney-General is authorized to institute prosecutions 'for vio¬ 
lations of the civil service laws and the law regulating the sale of fer¬ 
tilizers. 

Court of Claims. 

It is his duty to represent the State in cases before the court of claims. 

Inheritance Tax. 

Under the amendment of 1913 to the Inheritance Tax Law, it is made 
the duty of the Attorney-General to exercise general supervision over the 
assessment and collection of the inheritance tax, with the authority to 
apply to the county court for the appointment of appraisers and to appeal 
from any appraisement or assessment. Provision is also made in the 
appropriation Act for / an Assistant Attorney-General and other assistants 
and clerks in the inheritance tax office in Cook County, and for assistant 
investigators and expenses in collecting inheritance tax outside of Cook 
County. 


LAW OFFICERS. 


955 


The following statement gives the expenses of the Attorney-Gen- 
era! s office, as shown by the warrants drawn for the two years 1910-12 
and the appropriations made in 1911 and 1913. 


Warrants 

Drawn 

A „ 1910-12 

Attorney-General .$ 20,833.34 


Chief Assistant .^ 

Other Assistants .j 

Brief Maker, Stenographers and Clerks 


45,375.00 

28,415.00 


Appropri- Appropri¬ 
ations ations 

1911 ' 1913 

$ 20 , 000.00 $ 20 , 000.00 

48,°0 0 .00 

32,000.00 42,200.00 


Total Salaries .$ 94,623.34 

Office Expenses .$ 11,391.71 

I. C. Suits . 8^953^85 

U. S. Courts . 21,120.76 

Submerged Land Inv. 8,007.59 

Economy Light and Power Company 

Suit . 9,008.12 

Tax on Idaho Lands. 

Attorneys and Expenses.;. 30,000.00 


$100,000.00 $130,200.00 

$ 14,000.00 $ 16,000.00 

73,464.47 136,615.20a 

48,000.00 35,000.00 

25,000.00 38,548.01b 

40,000.00 

4,513.25 


Assistant Income Tax Attorneys. 
Clerks and Stenographers. 


Furniture 


of Cook County 
Courts—Expenses, 
ceedinigs . 


$183,105.37 
Tax Office. 
.$ 7,800.00 
. 11,550.00 
6,958.59 
6,719.22 
1,078.97 

$304,977.72 

$ 9,600.00 
15,600.00 
10,300.00 
12,000.00 
1,600.00 

$356,363.21 

$ 33,000.00 
20,400.00 
10,290.00 
16,000.00 
3,000.00 

$ 34,106.78 

$ 49,100.00 

$ 82,690.00 



$ 20,000.00 



4,000.00 

,$217,212.15 

$354,077.72 

$463,053.21 


a$36,615.20 re-appropriated. 
b$ll,048.11 re-appropriated. 

Auditor of Public Accounts. 


Section 15 of the Act in relation to the Auditor of Public Accounts 
provides that: “The Auditor shall be deemed the proper officer to 
institute all suits, motions and other proceedings in law and equity, 
in which the State is plaintiff except in cases otherwise provided by 
law.” This provision has come down from the Revised Statutes of 
1845; and is perhaps a survival of the period when the office of At¬ 
torney-General was discontinued. This provision now seems to be 
practically a dead letter, so far as any active exercise of the power by 
the Auditor is concerned. For many years an appropriation of $500 
a year has been regularly made to the Auditor “for costs and expenses 
of state suits;” but for twenty years this appropriation has usually 
lapsed. The appropriation made in 1893 was nearly all expended; but 
since then the only payments have been as follows: 


Warrant Drawn 

.$56.08 

. 2.00 

.58.04 


Unexpended 

$944.00 

998.00 

941.96 


1898-1900 

1902-1904 

1906-1908 





































956 


EFFICIENCY AND ECONOMY COMMITTEE. 


ATTORNEYS IN OTHER STATE OFFICES. 

While the Attorney-General is the official legal advisor to all state 
officers, and is charged with a general responsibility for the enforce¬ 
ment of all state laws, in a number of instances provision has been 
made in the laws or appropriations for certain state offices for attor¬ 
neys or legal services not connected with the Attorney-Generars office. 
Thus there is a Counsel to the Public Utilities Commission, and there 
are attorneys for the Insurance Department, the Factory Inspection 
Department and the State Food Commissioner. 

Counsel to State Public Utilities Commission. 

The Public Utilities Law provides that the commission shall ap¬ 
point as counsel to the commission an attorney at law of the State of 
Illinois, who shall hold office! at the pleasure of the commission. The 
counsel to the commission has power, subject to the approval of the 
commission, to appoint and at pleasure remove attorneys at law to 
assist him in the performance of his duties. 

Attorney for the Insurance Department. 

The Act creating the Insurance Department provides that the In¬ 
surance Superintendent shall have all the powers and may perform all 
the duties in regard to the business of insurance formerly attached to 
the office of Auditor of Public Accounts and the Attorney-General. 
He is to exercise the same control over insurance companies, and may 
institute and prosecute in his name all suits and all things formerly 
required to be done by the Auditor of Public Accounts or Attorney- 
General ; and the said Auditor of Public Accounts and Attorney-Gen¬ 
eral are relieved from any duty in relation thereto. 

Another section of the bill provides that the Insurance Superin¬ 
tendent, whenever he deems it necessary, may call upon the Attorney- 
General of the State for legal counsel and such assistance as may be 
required to enforce the provisions of the law. Under this section, the 
Attorney-General might be called on to act as legal advisor for the 
department; but in practice the Insurance Superintendent has not asked 
his assistance. An appropriation of $4,000 a year is made to the 
Insurance Department for legal services; and this is used to pay the 
salary of an attorney appointed for the department. 

Attorney to the Factory Inspection Department. 

Under the Act of 1907 for the department of factory inspection, 
the Governor is required to appoint an Attorney for said department, 
at a salary of $1,500 per annum. It is the duty of the Attorney 
for such department to prosecute, when requested by the Chief Fac¬ 
tory Inspector, any infractions, or violations of law which is now or 
may be hereafter made the duty of the Factory Inspector to enforce. 
In pfactice the Attorney handles prosecutions in Chicago; and outside 
of that city prosecutions are managed by the inspectors, either alone 
or with the assistance of the State’s Attorneys. 

Attorney to the Food Commissioner. 

The Food and Drugs Act provides for an Attorney to be appointed 
by the Food Commissioner, with the advice and consent of the Gov- 


LAW OFFICERS. 


957 


ernor, at a salary of $1,800 per annum and expenses incurred in the 
discharge of his official duties. 

Attorney to the State Board of Health. 

The appropriation bill for the State Board of Health makes an 
appropriation of $2,500 per annum for services of Attorney, and 
$900 for a law clerk. 

The State Civil Service Law provides that prosecutions for viola¬ 
tions of the Act may be instituted by the Attorney-General, by a State’s 
Attorney or by the commission acting through special counsel. 

SALARIES AND APPROPRIATIONS FOR ATTORNEYS AND LEGAL SERVICES. 


Auditor of Public Accounts, State Suits.$ 500 

Public Utilities Commission . 19,000 

Insurance Department .!. 7,000 

Factory Inspection Department . 1,500 

Food Commissioner . 2,300 

State Board of Health. 2,500 

Rivers and Lakes Commission. 1,800 


$34,600 


OPINIONS OF ATTORNEY-GENERAL ON SPECIAL ATTORNEYS. 

In 1901 Attorney-General Hamlin rendered to the Auditor of 
Public Accounts an opinion on the practice of employing special at¬ 
torneys by the separate state departments and offices. This practice 
was at that time more common than at present. In this opinion it was 
pointed out that it is the duty of the Attorney-General—both at com¬ 
mon law and by statute—to represent the several departments of the 
State in all matters where the State or the People are interested; and 
as no necessity exists for the employment of special attorneys by the 
several departments, unless there is some statutory provision authoriz¬ 
ing such employment the power does not exist. Special consideration 
was given to the situation in respect to the canal commissioners, the 
railroad and warehouse commissioners and the insurance superin¬ 
tendent; and it was held that in the latter case there was statutory 
authority authorizing the employment of special attorneys, though the 
constitutionality of this provision was doubtful. 1 

Following this opinion, the practice of employing special attorneys 
without statutory authority was largely discontinued. In his report 
for 1907-08, Attorney-General Stead referred to the opinion of At¬ 
torney-General Hamlin, in which he concurred; and called attention to 
the statutory provisions for special attorneys for the State Food Com¬ 
missioner and Chief Factory Inspector. These provisions he considered 
of doubtful constitutionality, and it was urged that such provision 
must “result in conflict and disorder in the practice of the State’s legal 
business.” 2 

These opinions are endorsed by Attorney-General P. J. Lucey, in 
the following letter to the Efficiency and Economy Committee: 


1 Report of the Attorney-General, 1901-12, pp. 7, 391,404. 

2 Report of the Attorney-General, 1907-08, p. ix. 












958 


EFFICIENCY AND ECONOMY COMMITTEE. 


October 6th, 1914. 

To the Efficiency and Economy Committee, State of Illinois. 
Gentlemen: 

As requested by you, I herewith submit in writing some recom¬ 
mendations relative to the right of the various State boards, commis¬ 
sions and departments to employ or be provided with special counsel, 
and therein of the right of the Attorney-General’s office to represent 
the State boards, commissions and departments as contemplated by the 
constitutional provisions creating the Attorney-General’s department. 

In this connection I would refer to an opinion of my predecessor, 
Honorable H. J. Hamlin, as reported in his opinions for 1901-1902, on 
page 7 thereof, and referred to again with approval, by Mr. Hamlin, 
in his report for 1903-1904, on page 10 thereof, to which opinions the 
Committee is respectfully referred. 

In the first opinion herein referred to by General Hamlin he sum¬ 
marizes the matter as follows, and I cannot express it any better than 
by quoting his language: 

In my opinion the Constitution of this State contemplates that the 
office of Attorney General shall be as broad in its jurisdiction and that 
the duties belonging to that office shall be as extensive as those belonging 
to the Attorney General in England at common law. This view was 
expressed in the opinion rendered to the Auditor of Public Accounts. 

It is certainly contemplated by the Constitution and the organization 
and form of government prevailing in the State of Illinois, that the 
Attorney General shall be the chief law officer of the State, and there is 
no necessity whatever for the appointment of special attorneys to represent 
any board, department or trustees of any institution. The practice of 
appointing special attorneys is not only exceedingly extravagant and 
expensive, but results in conflict and disorder in the administration of the 
State’s legal business. I would, therefore, recommend that the legislature 
pass such laws as shall be necessary to dispose of all special attorneys 
and which will result in placing the business of the State in the hands 
of the duly elected law officers thereof, where, under the constitution 
it belongs. 

Attorney General Stead, in an opinion reported in his opinion for 
year 1908, on page ix, quoted with approval the previous opinion of 
General Hamlin and reaffirmed the opinion of General Hamlin that 
the State boards and commissions were without authority to hire 
special counsel, and in the last report of General Stead, viz.: report for 
1912, on the first page thereof, he expresses his opinion of such special 
counsel as follows: 

It will, in my judgment, be an unwise provision, should the legislature, 
in the creation of additional boards and commissions, or in extending the 
powers of present boards and commissions, make provision whereby an 
attorney for such boards and commissions is created an officer of the 
State Government. Moreover, in view of the expressions of the Supreme 
Court in passing upon the validity of the civil service act, it may be 
doubted if the legislature has any power to create an attorney for any 
of the departments, institutions, or officers of the State Government. 

I concur in the opinions of my predecessors and believe that At¬ 
torney-General Stead’s opinion last above quoted is good law, and that 
the practices which have been followed for many years and acquiesced 
in by the last Legislature, of creating special counsel for boards and 
commissions, such as the Public Utilities Commission, and permitting 
special counsel to other State boards and commissions, such as the 


LAW OFFICERS. 


959 


Pure Food Commission, the Grain Inspector’s office, etc., is wholly 
without warrant of law. If this practice should be carried to all the 
State boards and commissions, it would dispense with the duties of 
the Attorney General’s department, a constitutional officer, and as sug¬ 
gested in the foregoing by Attorney General Stead, I am of the opinion 
that the Legislature is without authority to so act. 

At different times and for special purposes special counsel is re¬ 
quired, but such special counsel should only be attached to the Attorney 
General’s department and retained by him and the Attorney General 
made responsible therefor. 

At the present moment the attorney for the Insurance Superin¬ 
tendent has started one hundred and ten or one hundred and twenty 
suits in the Circuit Court of Sangamon County, against certain insur¬ 
ance companies, not for violation of provisions of the insurance 
statute, but for violations of the common law, and the Insurance Sup¬ 
erintendent, through his special counsel, not the counsel of the Insur¬ 
ance Department, but counsel retained by himself, is proceeding to 
litigate public policy questions which he is wholly without authority, 
under the statute creating his department, to litigate. I cite this simply 
as an illustration of the extent to which the different boards and de¬ 
partments may go in what they think their rightful province. The 
total cost of the special counsel retained through the State by the 
special boards and commissions, I have not had time to ascertain. The 
Auditor’s office will furnish that information to the Committee should 
it desire to have it in detail. The appropriations for this department 
are shown in the so-called Omnibus Bill as passed by the last Legisla¬ 
ture. 

This department stands ready to take charge of the legal business 
required by the State of Illinois, and I will recommend that no ap¬ 
propriation be made for special counsel for any board, commission or 
department in the future. 

Inheritance Tax Attorneys . The last Legislature saw fit to ap¬ 
propriate to this department the sum of $10,000 for collecting the 
inheritance tax outside of Cook County, and to the Treasurer’s depart¬ 
ment the sum of $25,000 for like services. Through the co-operation 
of the State Treasurer, Hon. William Ryan, Jr., these funds were 
consolidated and the State divided into sixteen districts on the basis 
of population and the amount of business reasonably to be expected 
from each division, and attorneys were regularly placed in charge of 
each district. They average in number of counties from fourteen 
counties, in charge of Mr. Parish of Carmi, Illinois, to four counties in 
charge of Mr. Mooney of Joliet, Illinois, which latter counties are the 
counties of McHenry, Kane, DuPage and Will. 

This system has worked very satisfactorily and in my opinion has 
more than justified the expenditure of that money. It has resulted in 
a regularity in handling inheritance tax matters throughout the State 
and has promoted the efficiency as well as economy in the conduct of 
inheritance tax cases. Formerly there was no check on the fees 
which might be allowed appraisers, or the expense accounts which they 
might turn in, but under this system we require the attorney to be 
present and investigate the services of the appraiser and have been 


960 


EFFICIENCY AND ECONOMY COMMITTEE. 


obliged more than once to threaten an appeal to the couft against the 
charges made or attempted to be made by the appraisers, and in one 
instance such an appeal was taken, resulting in a settlement on more 
satisfactory, or I might even say decent terms. On my recommenda¬ 
tion, the Legislature passed an act limiting the fees of appraisers to a 
sum not to exceed fifteen per cent of the tax in any event, thus pre¬ 
venting the absorption of a moderate tax as has moredhan once been 
the experience in the past. 

Inasmuch as the services performed by these attorneys are strictly 
legal services, I am of the opinion that the system should be con¬ 
tinued and really might be added to, rather than reduced, and I am 
satisfied that it is money well invested for the State. The figures for 
the inheritance tax collected in the past two years and in the preceding 
years may be had from the Auditor’s office and the report of the 
State Treasurer. 

I discussed with the Committee when I spoke to them last week, 
the question of enlarging the authority of the Attorney General rela¬ 
tive to the State’s attorneys in the State of Illinois. I still think that 
there is no reason why the law department of the State, namely the 
Attorney General’s department, should not exercise a directory in¬ 
fluence over the actions af the State’s attorneys throughout the State. 
The State’s attorney is an officer mentioned in the Constitution and 
his election provided for, but that will not prevent the Legislature 
from giving the Attorney General supervisory power over the State’s 
attorneys by vesting in him the power of removal for incompetency, 
misdemeanor, neglect, etc., and further giving to the Attorney General 
the right of directing the State’s attorneys in the conduct of the busi¬ 
ness of their office. Should this plan be followed, as I believe it 
ultimately will, by the Legislature, it will simplify the matter of minor 
prosecutions now conducted by the several State boards and commis¬ 
sions and would give to the Attorney General the right to instruct and 
order the State’s attorney of any county to handle any matter that 
might be pending in his county. No hardship would thereby be en¬ 
tailed upon the State’s attorneys as under the present system they are 
all on salary and not dependent upon fees and commissions for their 
compensation. I believe this statute would be a desirable one and 
have the further effect of centralizing authority and fixing respon¬ 
sibility. Much might be' said in furtherance of the foregoing recom¬ 
mendation but I think there is sufficient for the Committee to consider 
at the present time. 

Very respectfully, 

P. J. Lucey, 

Attorney General 

SUPERVISION OF LOCAL ATTORNEYS. 

November 23, 1914. 

Efficiency and Economy Committee, 

State of Illinois. 

Gentlemen: 

Inquiry has been made as to the methods adopted by the various 
states in unifying and supervising the work of the State’s Attorneys, 
and I hereto attach some memoranda taken from the statutes and de- 


LAW OFFICERS. 


961 


cisions of the various states in regard to this subject and in regard to 
the power of the Attorney General of the State. 

I desire to call attention to the manner in which this is achieved 
in Iowa, and I herewith send you a pamphlet prepared by the Attorney 
General of Iowa in 1911, entitled “Statutes of Iowa affecting the gen¬ 
eral enforcement of the Criminal Laws of the State.” The General 
Assembly of the State of Iowa passed an act in 1909 entitled “Duties 
of County Attorney.” The act consists of two sections—the second 
section being divided into twelve paragraphs, of which the first, second 
and eleventh are as follows: 

1. To diligently enforce or cause to be enforced in his county, all 
of the laws of the state, actions for a violation of which may be com¬ 
menced or prosecuted in the name of the State of Iowa, or by him as 
county attorney, except such laws, the enforcement of which is exclusively 
enjoined upon others by statute. 

2. To appear for the state and county in all cases and proceedings 
in the courts of his county, to which the state or county is a party, and 
in the supreme court in all cases in which the county is a party. 

11. To make reports relating to the duties and the administration of 
his office to the governor or the attorney general whenever called upon 
by the governor or the attorney general so to do. 

At the same time, the General Assembly passed an act entitled, 
“Removal from Office,” consisting of ten sections, the first section of 
which provides that any county attorney, supervisor, etc., may be re¬ 
moved from office by the district court or judge upon charges filed for 
the causes enumerated, among which are, wilful or habitual neglect 
or refusal to perform the duties of his office, and also, wilful miscon¬ 
duct or maladministration in office. The act further provides that the 
complaint may be filed on the relation of any five qualified electors of 
the county or by the county attorney or by the Attorney General, and 
shall be filed by the Attorney General when directed so to do by the 
Governor. 


ALABAMA. 

The Attorney General must attend, on the part of the state, to all 
criminal cases in Supreme Court and to all civil cases to which state 
is a party in same court. 

Article 5, sec. 635, Code of Alabama. 


It is the duty of all circuit and county solicitors of city and crim¬ 
inal courts to certify to the Attorney General the character, number of 
cases disposed of, number of convictions, number of acquittals, number 
of nolle prosequies entered, etc. Criminal Code of Alabama, 7785. 
Penalty is provided for failure to report, 7786. District attorney is a 
constitutional officer. 


ARIZONA. 

Attorney General must attend the Supreme Court in all cases to 
which State or State officer, in official capacity, if a party. 

He must exercise supervisory powers over the county attorneys 
in all matters pertaining to the duties of their offices, and require re¬ 
ports from them as to the condition of public business in their charge. 

Chapter 1, paragraph 107, State of Arizona. 





962 


EFFICIENCY AND ECONOMY COMMITTEE. 


ARKANSAS. 

If prosecuting attorney prays an appeal the Attorney General on 
inspecting the same, may file transcript in office of Clerk of Supreme 
Court. Sec. 2617 of Arkansas Stat. 


CALIFORNIA. 

Duty of Attorney General to assist district attorneys in counties 
when required so to do by public service or by Governor. Article 
VIII, paragraph 470, clause 7. 

Exercises supervisory powers over district attorneys in all matters 
relative to their offices and requires reports of them. Article VIII, 
paragraph 470, clause 5. 


COLORADO. 

Attorney General appears for State in all civil and criminal cases 
before Supreme Court. 


CONNECTICUT. 

Attorney General has general supervisory power over all matters 
in which State is interested, except those matters over which the prose¬ 
cuting attorneys have direction. 


DELAWARE. 

Attorney General—No state’s attorney. 


FLORIDA. 

Attorney General exercises a general superintendence and direc¬ 
tion over State’s Attorneys as to the manner of discharging their re¬ 
spective duties. 

Chapter 2, Article III, Section 93, Florida Stat. 


GEORGIA. 

Duty of Attorney General to represent state in Supreme Court 
and in all civil and criminal cases in any court when required by the 
governor. 


IDAHO. 

Attorney General exercises supervisory powers over prosecuting 
attorneys in all matters pertaining to their offices. Chapter 8, sec. 142. 
Prosecuting attorney is constitutional officer. 

Sec. 18, article 5, Constitution. 


INDIANA. 

Attorney General required to attend to all cases in Supreme Court 
to which state is a party. 

Art. 12, section 9269. 


IOWA. 

Attorney General must represent state in Supreme Court. 
Chapter 3, paragraph 208. 











LAW OFFICERS. 


963 


Section 13 of article 5 of the constitution of Iowa provides: 

Qualified d ec t° rs of each county shall, at the general election in the 
year lo95 and every two years thereafter, elect a county attorney who shall 
be a resident of the county for which he is elected and shall hold office for 
two years and until his successor shall have been elected and qualified. 

The act of the general assembly of the State of Iowa providing 
for the removal of county attorneys, among other officers, upon com¬ 
plaint filed in the district court by the State’s attorney, was held con¬ 
stitutional in the case of State v. Henderson, 145 la., 657. However, 
the question of the right of the attorney general to remove a county 
attorney in the manner provided in the act was not passed upon by the 
court. 


KANSAS. 

Attorney General shall consult with and advise county attorneys 
in matters pertaining to their duties. 

Art. 7, paragraph 3908. 


KENTUCKY. 

Attorney General to appear for State in all cases except where 
commonwealth attorney is required to appear. Paragraph 4766A1. 

County attorney must assist commonwealth attorney. Paragraph 
4750. 


LOUISIANA. 

Duty of Attorney General to consult and advise district attorneys. 
Sec. 131, Revised Statutes. Duty to appoint district attorneys in 
certain cases. Act No. 123, 1906. 

District attorneys are constitutional officers. Constitution, art. 
125. 


MAINE. 

Attorney General must attend all trials of persons indicated for 
treason or murder and give instructions to county attorney when ab¬ 
sent. Sec. 60, ch. 79. 

County attorney must act with Attorney General in all cases. Ch. 
81, section 17. 


MARYLAND. 

Attorney General has no authority over State’s Attorneys. 


MASSACHUSETTS. 

Attorney General has no authority over district attorneys. 


MICHIGAN. 

Prosecuting attorney is constitutional officer. Article VIII, Sec. 3. 

Must assist Attorney General in Supreme Court, Sec. 1161, An¬ 
notated Statutes. Must report to Attorney General. 

The Governor may remove all county officers for incompetence 
or misconduct, based on charges in writing and an opportunity of being 
heard. Compiled Laws 1897. Sec. 1159. 









964 


EFFICIENCY AND ECONOMY COMMITTEE. 


MINNESOTA. 

Upon request of county attorney, Attorney General must appear 
in district court in such criminal cases as he may deem proper. Sec. 


100 . 


MISSISSIPPI. 

District attorney is constitutional officer. Sec. 174. Const. At¬ 
torney General must advise and assist. Sec. 189, 190. Code of Mis¬ 
sissippi. 


MONTANA. 

Attorney General exercises supervisory powers over county at¬ 
torneys, Art. VIII. Sec. 193. 

County attorneys are constitutional officers. Sec. 19, Const. 


NEBRASKA. 

Attorney General may require assistance of county attorney. Sec. 
1187 and 5538. 


NEW JERSEY. 

No relation between Attorney General and Prosecutor of Pleas. 


NEW YORK. 

District Attorney exercises only such powers and duties as are 
required of him by Attorney General in cases attended by Attorney 
General. Art. 9, Sec. 62. 

The Governor may remove any district attorney, within the term 
for which he shall have been elected; giving such officer a copy of the 
charges against him and an opportunity of being heard in his defense. 
Art. 10, Sec. 1. 


NORTH CAROLINA. 

No relations. 


NORTH DAKOTA. 

Duty of Attorney General to consult and advise State’s Attorneys. 


OHIO. 

Attorney General required to advise prosecuting attorneys. Sec. 
343, Code. 


OREGON. 

No relation between Attorney General and either district or prose¬ 
cuting attorney. 


PENNSYLVANIA. 


Attorney General appointed by Governor. Page 370. Sec. 1. 


RHODE ISLAND. 

Attorney General and prosecuting attorney have no relations. 














LAW OFFICERS. 


965 


SOUTH DAKOTA. 

Attorney General advises State’s Attorneys and consults with 
them. Sec. 98, Political Code, N. D. 


SOUTH CAROLINA. 

Attorney General consults and advises solicitors. 


TENNESSEE. 

Has District Attorney General and Attorney General and Re¬ 
porter. 


TEXAS. 

Attorney General advises county and district attorneys and directs 
them to sue in certain cases. Art. 4414, 4415. 


UTAH. 

Attorney General exercises supervision over county attorneys and 
requires reports of them. Sec. 438. 

County attorney is constitutional officer. Constitution, Art. 8, 
Sec. 10. 


VERMONT. 

Attorney General has same powers in State as State’s Attorneys 
have in counties. Sec. 305. Public Statutes. 


•No relations. 


VIRGINIA. 


WASHINGTON. 

Attorney General assists prosecuting attorney. Sec. 8988, Wash¬ 
ington Code. 


WEST VIRGINIA. 

Attorney General and prosecuting attorney are separate officers. 


WISCONSIN. 

Attorney General consults with and advises district attorneys. 
The Governor may remove from office any district attorney, giving 
to such officer a copy of the charges against him and an opportunity 
of being heard in his defense. Statutes (1913) Sec. 968. 


WYOMING. 

Attorney General is legal advisor of prosecuting attorneys. 


JUDICIAL DECISIONS. 

In the case of People v. Miner, 2 Lane (N. Y.), 396, the court 
discusses at some length the common law powers of the attorney gen¬ 
eral and holds that the office of attorney general is a common law 
office and that the attorney general possesses all the powers he had 
under the common law unless the same have been expressly abolished 
by statutory enactment. 













966 


EFFICIENCY AND ECONOMY COMMITTEE. 


In the case of State v. Robinson, 101 Minn. 277, at page 288, the 
court says: 

The office of attorney general has existed from an early period, both 
in England and in this country, and he is vested by the common law with 
a great variety of duties in the administration of the government. The 
duties are so numerous and varied that it has not been the policy of the 
legislatures of the states of this country to attempt specifically to enumerate 
them. Where the question has come up for consideration, it is generally 
held that the office is clothed, in addition to the duties expressly defined 
by statute, with all the power pertaining thereto at the common law. State 
v. Village of Kent, 96 Minn. 255, 104 N, W. 948, I. L. R. A. (N. S.) 826; 4 
Cyc. 1028; Hunt v. Chicago, 20 Ill. App. 282; Parker v. May, 5 Cush. 336; 
People v. Miller, 2 Lans. 396; People v. Tweed, 13 Abb. Pr. 25. From 
this it follows that, as the chief law officer of the State, he may, in the 
absence of some express legislative restriction to the contrary, exercise all 
such power and authority as public interests may from time to time 
require. He may institute, conduct, and maintain all such suits and pro¬ 
ceedings as he deems necessary for the enforcement of the laws of the 
state, the preservation of order, and the protection of public rights. 

ILLINOIS. 

Clause 22 of Article VI of the Constitution of 1870 provides: 

At the election for members of the General Assembly in the year of 
our Lord, 1872, and every four years thereafter, there shall be elected a 
State’s Attorney in and for each county in lieu of the State’s Attorneys 
now provided by law, whose term of office shall be four years. 

Instances in which the several State’s Attorneys are now subject 
to direction of the Attorney General are as follows: 

The last clause of par. 376 ch. 120, H. R. S. 1913, the same being 
section 11 of the Illinois transfer tax law, makes it the duty of the 
Attorney General to institute proceedings for the collection of inheri¬ 
tance taxes and it is also made the duty of the several State’s Attorneys 
to render assistance when requested to do so. 

Clause 8 par. 5, ch. 14, H. R. S. 1913, requires the Attorney Gen¬ 
eral to prosecute corporations for failure or refusal to make reports 
required by law. Par. 269h requires the State’s Attorney to give 
notice to corporations before any suit for the collection of the penalty 
for failure to report to the Secretary of State is instituted. 

Clause 8, par. 7, ch. 14, H. R. S., requires the State’s Attorneys to 
assist the Attorney General whenever it may be necessary. 

The supervisory powers of the Attorney General over State’s 
Attorneys can be increased by requiring the latter to act under the 
direction of the Attorney General. It has been suggested that this 
power of supervision be made more effective by authorizing the At¬ 
torney-General to remove any State’s attorney for incompetency or 
misfeasance or malfeasance in office. In support of this proposed 
reference is made to the provisions of law for the removal of county 
treasurers and sheriffs, which have been upheld by the Supreme Court, 
in the cases of Donahue v. County of Will (100 Ill., 94) and People 
v. Nellis (249 Ill., 12). 

John T. Donahue was elected county treasurer of Will County, 
qualified and was commissioned as such. It was later resolved, by the 
county board of Will County that Donahue “ought to be and is hereby 
removed from his said office.” This resolution was based upon the 
provisions of par. 15, ch. 36, Hurd’s Revised Statutes, which provide: 


LAW OFFICERS. 


967 


If any county treasurer shall neglect or refuse to render an account, 
or make settlement at any tiime when required by law, or by the county 
board, or refuse to answer any question propounded to him by the county 
board or is a defaulter and is in arrears with the county, or is guilty of 
any other misconduct in his office, the county board may remove him from 
office, and may appoint some suitable person to perform the duties of 
treasurer until his successor is elected, or appointed and qualified; or if 
by reason of the death or resignation of the county treasurer, or other 
cause, the said office shall become vacant, then the county board may appoint 
some suitable person to perform the duties of treasurer until a county 
treasurer is elected or appointed and qualified. The person so appointed 
shall give bond and security as required by law of the county treasurer. 

It was urged on behalf of Donahue that the paragraph above 
quoted was unconstitutional and void. 


The Court held that there was no provision of the Constitution 
which either prohibits the county board from the exercise of the 
power of removal in such cases or provides for the removal of such 
officers for nonfeasanse, misfeasance or malfeasance. 

The court further held the provisions of Section 15, Art. 5, which 

provide that, . 

the Governor, and all civil officers of the State, shall be liable to impeach¬ 
ment for any misdemeanor in office. 


did not apply for the reason that by the provisions of Section 8, Ar¬ 
ticle 10 of the Constitution, the county treasurer is a county officer. 

The Court also held, in the Donahue case that the second section 
of the Bill of Rights did not apply for the reason that a person could 
not have title to or property in a governmental office. 

In the case of People v. Nellis (249 Ill., 12), the Governor under 
the authority vested in him by paragraph 256x, chapter 38, Hurd s e 
vised Statutes, 1913, removed the sheriff of Alexander County from 


office, and the Court held that: 

The constitution of this State is ordinarily held to be a limitation 
upon the power of the legislature and not a grant of power to that body, 
and there being found in the constitution no limitation upon the power ot 
the legislature to provide for the removal of a county officer in case ol 
misfeasance or malfeasance in office, there is nothing in the constitution 
to prevent the legislature from providing by statute that the Governor 
shall, in a case like the one at bar, have the right to remove a sheriff from 
ofl&ce, and declare his office vacant. 

The Court followed the precedent established in the Donahue 


case. 


In both of the cases above referred to considerable importance 
attaches as to whether the officer sought to be removed was a county 
officer. 

In the case of Butzow ex rel v. Kern, decided at the October, 
1914, term of the Supreme Court of this State, the court held that 
the State’s Attorney was a county officer but that he did not belong 
to that class of county officers whose compensation was fixed by the 
county board. 

On the other hand, it should be noted, that while county treas¬ 
urers and sheriffs are provided for in Article 10 of the Constitution, 
relating to counties, state’s attorneys are provided for in Article 6, on 


968 


EFFICIENCY AND ECONOMY COMMITTEE. 


the judicial department. Section 30 of Article 6, after providing for 
the removal of judges, adds: 

All other officers in this article mentioned shall be removed from office 

on prosecution and final conviction for misdemeanor in office. 

UNITED STATES DEPARTMENT OF JUSTICE. 

In the organization of the .United States Department of Justice, 
provision is made for a number of Assistant Attorneys-General and 
Solicitors for several of the Executive departments and certain bu¬ 
reaus, who exercise their functions under the supervision and control 
of the Attorney-General. This arrangement provides separate of¬ 
ficials for the departments and bureaus and at the same time organizes 
most of the legal services of the national government in one depart¬ 
ment. A brief analysis of the organization of the United States 
Department of Justice will be of service in considering a possible re¬ 
organization of the legal services of the State. 

The Attorney-General is the head of the Department of Justice 
and chief law officer of the national government. He is appointed 
by the President, with the advice and consent of the Senate, and is a 
member of the President’s unofficial cabinet. He has similar duties 
to the Attorneys-General of the States as legal advisor and attorney 
in the courts for the government and its officers but is not required to 
give legal opinions to Congress. He has moreover a general superin¬ 
tendence over the United States attorneys and marshals in all the 
judicial districts of the United States, and also over the Superintendent 
of Prisons and applications for pardons. The Assistant Attorneys- 
General, Solicitors and special counsel connected with the department 
of justice include all the legal staff connected with the national admin¬ 
istration except the Judge Advocate General in the departments of 
War and the Navy. 

Other officials in the department of Justice include: 

The Solicitor General. 

The Assistant to the Attorney-General. 

Five Assistant Attorneys-General assigned to general duties, and to the 
defense of suits in the Court of Claims and Indian depredation claims. 

Assistant Attorney-General for the Interior Department. 

Assistant Attorney-General for the Post Office Department. 

Assistant Attorney-General for Customs Division. 

Assistant Attorney-General for Public Lands Division. 

Solicitor for the Department of State. 

Solicitor of the Treasury. 

Solicitor of Internal Revenue. 

Solicitor of the Department of Commerce. 

Solicitor of the Department of Labor. 

Attorney in charge of Pardons. 

Attorney in charge of Titles. 

Superintendent of Prisons and Prisoners. 

Chief Examiner (of offices and records of U. S. courts). 

The officials provided for separate departments and bureaus indi¬ 
cates that some advantage is recognized in having separate officials 
for branches of the public service which need a considerable amount 
of legal services. These officials too have their offices in connection 
with the department or bureau for which they act. At the same time, 
in most cases these officials are appointed by the President and Senate, 


SECRETARY OF STATE. 


969 


an arrangement which permits both the Attorney-General and the de- 
par ment or bureau concerned to be consulted in making appointments. 
The provision by which these special officials are classed as in the 
e P artm ent of Justice and made subject to the supervision and con¬ 
trol of the Attorney-General furnishes a means for securing greater 
harmony and co-operation in the legal advice given to the several 
departments and bureaus. 

This arrangement is more complicated than if the special attor- 
neys-general and solicitors were subordinated entirely either to the 
Attorney-General or to the heads of the several departments and bu¬ 
reaus. But this complication is one which arises out of the dual char¬ 
acter of their duties—on the one hand to the department of bureau 
directly concerned, and on ,the other to the general law office of the 
government. The existing organization recognizes this dual char¬ 
acter, and furnishes means for closer inter-relations than would be 
possible if either the principle of departmental autonomy or of unity 
of legal services were applied to the exclusion of the other. 

The Judge Advocate General of the Army and Navy are not 
officially related to the department of Justice. This is probably due to 
their duties as the heads of the system of military and naval discip¬ 
linary courts, whose methods of procedure differ widely from those 
of the regular judicial courts. At the same time, these officials are 
also the advisors of their departments as to their legal rights and obli¬ 
gations in matters governed by the decisions of the regular courts of 
law. In such matters the fact that these officials are independent of 
the Attorney-General might lead to conflicting legal opinions to dif¬ 
ferent departments of the government. 

COMMENTS AND SUGGESTIONS. 

The present arrangements for the law officers of the State do not 
provide (a coherent and efficient organization. The most serious dif¬ 
ficulty is the election of the Attorney-General, who is thus independent 
of the Governor and whose powers seriously limit the effective autho- 
ity of the Governor as the chief executive of the State. The lack of 
coherence is increased by the provisions for counsel and attorneys 
for certain boards and officials. 

A satisfactory organization of the State’s law officers should fol¬ 
low the general principles of the United States department of Justice. 
The Attorney-General should be appointed by the Governor, with the 
advice and consent of the Senate. Attorneys for boards and officers, 
where needed, should be appointed by the Governor, with the under¬ 
standing—and perhaps express provision—that the Attorney-General 
and head of the particular office should both be consulted; and such 
attorneys should be under the general supervision of the Attorney- 
General. 

This plan of organization cannot be carried out without a change 
in the State Constitution as to the method of selecting the Attorney- 
General. In the meantime, it may be provided that attorneys for par¬ 
ticular offices and boards shall be appointed by the Attorney-General 


970 


EFFICIENCY AND ECONOMY COMMITTEE. 


with the approval of the Governor. Such attorneys should also be 
required to report to the Attorney-General, who should be authorized 
to give legal opinions in cases of conflict in their opinions. 

The consolidation and reorganization of departments and bureaus 
recommended by the Efficiency and Economy Committee should also 
make possible some reduction in the number of such attorneys for 
particular offices and more efficient legal advice to such offices. Thus 
a single attorney for a department of health and food inspection paid 
a reasonable salary,’ should be better than the present arrangement of 
separate attorneys for the State Board of Health and the State Food 
Commissioner. An attorney for the proposed reorganized depart¬ 
ment of Labor could replace the attorney for the Factory Inspection 
service. 

More definite powers of supervision over the State’s Attorneys 
should also be vested in the Attorney-General. 

The supervision over the administration of the Inheritance Tax 
by the Attorney-General is not a normal function of this office; and 
belongs more appropriately to the offices having to do with financial 
matters. This supervision should be transferred either to the Auditor 
of Public Accounts or to the proposed Revenue Commissioner. 

COMMISSIONERS OF UNIFORM LAWS. 

An Act of 1907 created a “Commission for the Uniformity of 
Legislation in the United States,” consisting of five persons to be 
appointed by the Governor for the term of four years and until their 
successors are appointed. It is the duty of the commission to examine 
the subjects of marriage and divorce, commercial paper, insolvency, 
form of notarial certificates, discount and distribution of property, 
acknowledgement of deeds, execution and probation of wills, and all 
other subjects on which uniformity is desirable with the laws of other 
states, to represent the state of Illinois in meetings of like commission¬ 
ers from other states to consider and draft uniform laws for the ap¬ 
proval and adoption by the several states, and to recommend such 
other course of action as shall best accomplish the purpose of the Act. 
The commissioners are to report to the Governor at least thirty days 
before the convening of the biennial session of the legislature; and 
the Governor is to submit such report to the General Assembly, with 
his recommendations. 

This commission has met with similar commissions from other 
states; and drafts of proposed uniform laws have been prepared and 
submitted to the several states; and several such laws have been 
adopted in a number of states. 

The members of the Illinois Commission receive no salaries; and 
no appropriation has been made for their expenses or for any share 
of the joint expenses of the conferences on uniform laws. 


A REPORT 


ON 

ECONOMY AND EFFICIENCY 
COMMISSIONS IN OTHER STATES 

BY 


A. C. HANFORD, A. M. 





CONTENTS 


Introduction . 975 

THE MASSACHUSETTS COMMISSION OF ECONOMY AND EFFICIENCY . 975-981 

Report on State Institutions . 977 

Report on Executive Organization . 979 

Other Plans for Reorganization . 980 

THE NEW JERSEY ECONOMY AND EFFICIENCY COMMISSION . 981-985 

The Department of Health . 982 

The Department of Taxation . 983 

The Department of Shell Fisheries. 983 

The Department of Conservation and Development . 984 

The Department of Commerce and Navigation. 984 

The Department of Prison Control . 984 

THE NEW YORK COMMITTEE OF INQUIRY AND DEPARTMENT OF EFFICIENCY 

AND ECONOMY . 985-988 

Committee of Inquiry. 985 

Commissioner of Efficiency and Economy . 987 

THE PENNSYLVANIA ECONOMY AND EFFICIENCY COMMISSION ... 988-990 

THE MINNESOTA ECONOMY AND EFFICIENCY COMMISSION . 990-993 

THE IOWA COMMITTEE ON RETRENCHMENT AND REFORM . 993-997 

Report of Efficiency Engineers . 993 

Report of the Committee . 994 

REFERENCES . 998 




































































































































































* 























































































































• 















' 







ECONOMY AND EFFICIENCY COMMISSIONS 
IN OTHER STATES 

INTRODUCTION. 

In other states of the American Union, the executive branch of 
the state government has in the main developed in much the same 
way as in Illinois; and there has been the same lack of efficient 
organization and consequent lack of economy. In recent years, how¬ 
ever, there have been definite efforts in a number of states towards 
a more efficient organization, by the consolidation and co-ordination 
of related services under one general control. Isolated steps in this 
direction first appeared in certain states with reference to some par¬ 
ticular group of services. Thus the management of the charitable and 
correctional institutions was centralized under a single board of con¬ 
trol in Kansas as early as 1873, and later in Wisconsin, Minnesota 
and Iowa. A definite tendency towards a more correlated and concen¬ 
trated form of organization gradually developed in regard to a number 
of important groups of state services, including charitable and cor¬ 
rectional institutions, and more recently agricultural agencies, labor 
authorities and tax administration. As a result, in a few states there 
have been organized several important executive departments,— 
notably in New York, Pennsylvania, Ohio and Wisconsin. 

Within the past few years more comprehensive plans for the reor¬ 
ganization of state administration have been undertaken in a number 
of states. Commissions to make investigations and to prepare definite 
plans were organized in Massachusetts and New Jersey in 1912; and 
committees or commissions for the same purposes were authorized in 
1913 by New York, Pennsylvania, Iowa and South Dakota as well as 
in Illinois. A review of the organization and work of these bodies 
in other states is presented herewith. Plans for similar investigations 
have been proposed in a number of states during the legislative ses¬ 
sions of 1915—-including Alabama, Nebraska, Colorado, Idaho and 
California. 

THE MASSACHUSETTS COMMISSION ON ECONOMY AND EFFICIENCY. 

Of the states under consideration, Massachusetts alone has pro¬ 
vided for a permanent commission to investigate and give advice in 
regard to public expenditures and the centralization of state adminis¬ 
tration. In 1912, the legislature of that state passed an act establish¬ 
ing a Commission on Economy and Efficiency to consist of three mem¬ 
bers—the State Auditor and two other persons appointed by the 
Governor. By an amendment of 1914, however, the Auditor is no 
longer an ex-officio member, and the Commission is made up of three 
persons appointed by the chief executive for three year terms, one 
commission being chosen each year. One of the members is desig¬ 
nated by the Governor as chairman of the Commission and receives 
a salary of $5,000 per year, while the other commissioners receive 
$4,500 each. 



976 


EFFICIENCY AND ECONOMY COMMITTEE. 


The functions of the Commission are to make investigations 
and give advice: (1) in the matter of appropriations, and (2) 
in regard to legislation looking toward a more efficient organiza¬ 
tion of the various departments, and boards which have to do with the 
expenditure of public funds. The law makes it the duty of every 
officer in charge of a department which receives an annual appropri¬ 
ation from the state, to submit a report to the state auditor, showing 
the appropriation of the department for the current year, the esti¬ 
mated amounts required for the ensuing year, and the reasons for any 
increases, as well as a list of the departmental expenditures for the 
current year and the two preceding annual periods. Upon receipt of 
these items from the auditor, it is made the statutory duty of the 
Economy and Efficiency Commission to analyze them carefully and to 
report to the legislature annually, and at other times in its discretion, 
whatever recommendations it may have as to the appropriations 
requested, or as to the methods of raising money for the same. The 
Commission not only performs such advisory functions in the matter 
of appropriations, but upon request from either house of the legis¬ 
lature, the ways and means committee of either branch, or from the 
Governor or the Governor’s Council, it is required to make special 
examinations in regard to the financial management of any department 
or institution, and in its own discretion may make such investigations, 
and report its findings to the legislature and to the Governor. 

The second important function of the Massachusetts Commission 
on Economy and Efficiency, and the one which is of most importance 
from the standpoint of the reorganization of state government, is its 
statutory duty to inquire into the laws regarding the financial trans¬ 
actions of the state and to devise means for producing greater economy 
and efficiency in state administration by any changes in the laws, by 
the reorganization or the consolidation of departments and institutions; 
by the adoption of different methods of administration, through the 
establishment of a central purchasing agency, or the budget system 
of making appropriations; or by any other appropriate plan. In order 
that it may effectively exercise its investigatory functions, the com¬ 
mission is given power to require the attendance of witnesses and the 
production of evidence; its members may administer oaths and take 
testimony; disobedience to, or failure to comply with, the orders of 
the commission is made punishable by fine and imprisonment; and 
obedience to its demands may be compelled upon petition to the courts. 

The Economy and Efficiency Commission was appointed by the 
Governor of Massachusetts in November, 1912, and immediately began 
a general study of the various state departments, commissions and 
institutions, by sending out questionnaires and making personal investi¬ 
gations. A large number of special examinations were also made in 
regard to requests for salary increases from the various state officials 
and employes; the demands for larger appropriations and new build¬ 
ings by the state normal schools and agricultural college were analyzed; 
and legislation was recommended looking toward a closer supervision 
by the state board of education over the expenditure of appropriations 
in the several educational institutions. As the result of the disclosure 


IN OTHER STATES. 


977 


of certain irregularities in the Middlesex County prison, the commis¬ 
sion made a survey of the methods of administration employed in 
county institutions, and recommended the enactment of legislation 
which would do away with the existing division of responsibility 
between the prisons committee and controller of county accounts in 
regard to the examination of the financial records of houses of correc¬ 
tion. 

The administration of the labor laws of the state, in particular, 
was found to be divided between two boards,—the state board of labor 
industries and the industrial accidents board,—with a resultant dupli¬ 
cation of functions and an overlapping of powers in the enforcement 
of statutory regulations for the protection of workmen. The Com¬ 
mission on Economy and Efficiency recommended that the board of 
labor industries be abolished and that its duties be transferred to the 
industrial accidents board. 

It was also found that the administration of the fisheries and game 
department by a commission of three, resulted not only in a division 
of responsibility and an unreasonable delay in the transaction of 
important business, but that there was more or less rivalry between 
the various parts of the state for representation on the board and for 
a share in its benefits. It was, therefore, suggested that the com¬ 
mission on fisheries and game be abolished and that its functions 
and powers be delegated to a single commissioner. 

Report on State Institutions. 

In February, 1914, the Massachusetts Commission on Economy 
and Efficiency submitted to the Governor a preliminary report on the 
reorganization of the various boards and commissions having super¬ 
vision and control of state institutions,—the first of its proposed recom¬ 
mendations of a comprehensive character looking toward the consoli¬ 
dation of departments and bureaus performing inter-related functions. 
After a careful investigation of existing conditions, the commission 
found that the immediate control of each of the thirty-two charitable 
and penal institutions of the state was vested in a separate board of 
trustees, that the general supervision of all of the institutions was 
scattered among three boards,—the prisons commission, the state board 
of insanity, and the state board of charity,—and that the consequence 
was a conflict of authority and a lack of coordination in the manage¬ 
ment of one of the most important phases of state administration. To 
remedy these conditions, the commission on Economy and Efficiency 
recommended the reorganization and combination of the various penal 
and charitable commissions so as to centralize the administrative work 
for all institutions in the hands of a single state organization. Two 
plans for carrying these recommendations into effect, together, with 
drafts of bills for the same, were presented to the legislature. 

The first of the plans for reorganizing the penal and charitable 
work of the state, provided for an appointive board with power to 
vest the duties of administration in a single director. At the head of 
the system was proposed a commission on public institutions, to con¬ 
sist of five members appointed by the Governor for a term of five 
years at an annual salary of $1,000 each, who should devote as much 


978 


EFFICIENCY AND ECONOMY COMMITTEE. 


time to their duties as might be necessary, and who should be directly) 
responsible to the Governor for the supervision of the department. 
The functions of this board would be to select the director of the 
department and to confirm the appointments of the latter; to give the 
larger problems of the department proper consideration; to provide 
means for the separation of the medical administration from the busi¬ 
ness administration; and to see that the director carries out the 
required plans and policies. 

While the commission on public institutions should be directly 
responsible for the administration of the department, the detailed man¬ 
agement of its affairs is to be vested in a director appointed by the 
commission (with the approval of the Governor) for an indefinite 
term. The director acting under the supervision of the departmental 
board, should have control of the penal and charitable institutions, 
including all matters of administration, operation and maintenance, 
with the limitation that general policies should not be adopted by him 
until approved by the Commission on public institutions; he should 
have power to appoint the executive secretaries, the business agent 
of the department and the superintendents of institutions, subject to 
the approval of the commission; and in general should have complete 
responsibility to the commission on public institutions, to the Gov¬ 
ernor and to the legislature for the proper administration of the entire 
department and of the several institutions. 

As assistants in the general supervision of the department, the 
first Massachusetts plan made provision for four executive secretaries 
to be appointed by the director subject to the confirmation of the com¬ 
mission—one to be secretary for the insane, another for hospitals, a 
third for prisons and correctional institutions, and the- fourth for chari¬ 
ties. These officials should have complete authority in their respective 
divisions; they should consult with the superintendents of the several 
institutions; and should be responsible to the director for the care of 
the inmates in their charge. Provision was also made for the employ¬ 
ment of a busness agent by the director of the department, who should 
have power to appoint a purchasing agent and other necessary assis¬ 
tants with the approval of the director, and whose duty should be to 
establish improved methods of purchasing and storing equipment, of 
keeping accounts, and of constructing buildings. 

In addition to the commission on public institutions, the director 
of the department, and the executive secretaries, the Commission on 
Economy and Efficiency recommended that the Governor appoint an 
unpaid board of visitors for each institution, which should give advice 
in regard to medical and correctional features of administration, hear 
complaints from inmates, and report its findings to the commission on 
public institutions and to thq Governor, and which should have a 
right of appeal to the Governor and Council in support of all charges 
of mismanagement. 

An alternative plan recommended by the Massachusetts Commis¬ 
sion on Economy and Efficiency was to vest the entire administrative 
control of the penal and charitable institutions in the hands of a 
central board, to consist of experts in the several fields of penal and 


IN OTHER STATES. 


979 


charitable work. The powers and duties delegated to the director 
under the first plan would be conferred upon the central board, and 
it was contemplated that such a division of the work would be made, 
that the duties of the executive secretaries provided for in the first 
system of reorganization would be taken over by the various members 
of the departmental board. 

Of the two plans submitted, the Commission on Economy and 
Efficiency favored the adoption of the first, and prepared a complete 
bill for the enactment of its principles into law. The adoption of 
e’ther system, it was suggested, would establish a centralized oversight 
of the penal and charitable work of the state, and by eliminating the 
present conflict of authority, duplication of services and the wrong 
classification of patients, make possible a more economical and efficient 
method of caring for the delinquent and dependent wards of the state. 

The recommendations of the Commission in regard to the penal 
and charitable work of the state were referred to a joint committee of 
the state legislature in April 1914, and during the summer of that year 
an act was passed providing for the reorganization of the former board 
of insanity and of the board of trustees of the several insane hospitals, 
and centralizing the control of these institutions in the hands of a 
newly created Board of Insanity of three members. By this legislation 
the control of the thirteen institutions for the care of the insane and 
feeble-minded is now coordinated to a large extent under the new state 
Board of Insanity, although in a few instances there yet remains a 
slight division of authority between the central board and the local 
boards of trustees, and provision has not been made for a proper 
separation of policy-making functions from purely executive work. 
On the other hand it should be noted, that while the legislature has 
not adopted the comprehensive program of reorganizing the entire 
penal and charitable administration as proposed by the Commission on 
Economy and Efficiency, the new legislation does vest considerable 
authority and responsibility over the state insane hospitals in the hands 
of a central board, and provides a more effective method of dealing 
with insanity and feeble-mindedness than was possible under the old 
plan of divided and decentralized control by some eighty-nine unpaid 
trustees. 1 


Report on Executive Organization. 


In November, 1914, the Massachusetts Commission on Economy 
and Efficiency submitted to the Governor a comprehensive report of 
502 pages on “The Functions, Organization and Administration of the 
Departments in the Executive Branch of the State Government.” 2 
In this report, the Commission has collected information regarding the 
work performed by each state department, board, commission and 
institution; the powers and duties of the various officials and 
employes, their compensation and the system of organization within 
each department or board. The first chapters are taken up with a 
description of the most important features of the functions and organ- 


1 Annual Report of the Commission on Economy and Efficiency, 1914; p. 12-15. 

2 a Kenort on the Functions, Organization and Administration of the Depart¬ 
ments in the Executive Branch of the State Government, prepared by the Commission 
on Economy and Efficiency, Nov. 25, 1914. 



980 


EFFICIENCY AND ECONOMY COMMITTEE. 


ization of the state department, and contain a chart of the executive 
branch of the state government as a whole, and a map showing the 
location of state institutions, reservations, etc., while the larger portion 
of the report is devoted to a detailed description of the activities and 
organization of the several departments. 

The purpose of the report is: (1) to provide the members of 
the Commission with the information necessary to carry out their 
statutory duty “to study into the possibilities of promoting greater 
economy and efficiency and utility in the transaction of the business 
of the state. .. .by the reorganization, consolidation, and co-ordination 
of departments, etc.,” 3 and (2) “to make available to the Governor, 
Council, Legislature, State officials and general public, essential infor¬ 
mation about each department in the state service.” The report does 
not attempt any criticism or comment, but is a presentation of facts, 
the intention being to follow it up with constructive reports based upon 
a part of the information contained therein. “In its subsequent 
reports,” it is stated, “the commission will bring out instances of defec¬ 
tive organization and administration either in the relations of certain 
departments to each other, or within single departments, and will pro¬ 
pose measures designed to remedy the defects described.” 4 

Other Plans for Reorganization. 

On December 31st, 1914, the Commission transmitted to the Gov¬ 
ernor and to the state legislature a summary of its work for the pre¬ 
ceding twelve months, which included some ten special reports as to 
the salaries of state officials and employes; two reports as to vacat'on 
allowances; thirteen special reports having to do with appropriation 
estimates and state revenue, and a number of recommendations for 
reorganizing certain branches of the state administration. 5 . The three 
most important of these proposals are described below and include: 
(1) the reorganization of the business administration of the state 
militia; (2) the reorganization of the administration of the State 
Normal Schools; and (3) the transfer of the functions of the Depart¬ 
ment of Animal Industry to the Department of Health or to the Board 
of Agriculture. 

As a result of its investigations, the Commission found that under 
the present plan of organization, the business of the state militia is 
conducted by four separate authorities—the adjutant general, the 
quartermaster general, the surgeon general and the armory commission 
—involving the employment of some ninety civilian officers and em¬ 
ployes. The Commission on Economy and Efficiency therefore 
recommended that the business affairs of the militia be centralized by 
the consolidation of these four offices, so as to make the adjutant gen¬ 
eral the chief executive of the business administration. Such a con¬ 
solidation would not affect the military statues of the several officials 
involved, since they are already subordinate to the adjutant general 
as chief of staff, but would simply involve a combination of the sepa- 

3 Acts of Massachusetts, 1912, Chapter, 719. 

4 Report of the Massachusetts Economy and Efficiency Commission, Nov. 25, 1914, 
on “The Functions, Organization and Administration of the Departments in the 
Executive Branch of the State Government,” pp. 5-6. 

^Annual Report of the Commission on Economy and Efficiency, 1914. 


IN OTHER STATES. 


981 


rate office forces and make the adjutant general the head of the ad¬ 
ministrative as well as of the military branches of the department. 

/vt the present time there are some ten Normal Schools in Mas¬ 
sachusetts, and the number of these institutions, together with the fact 
tiat they are located in different parts of the state, has given rise to 
certain peculiar administrative problems which are not found else- 
w iere. For several years these schools were conducted merely under 
t direction of the State Board of Education but for a much longer 
penod of time they have been maintained under the direct control of 
that Board. At first each institution was managed by a subcommittee 
of the Board of Education acting in conjunction with the principal, but 
this system of control resulted in marked differences in both the acad¬ 
emic and financial administration, so that in 1909 the management of 
the Normal Schools was centralized more directly in the hands of the 
chief executive of the state Board of Education. The Commission on 
Economy and Efficiency found, however, that this change in the 
standard of control had not as yet removed all of the defects of the 
old system, and recommended on the academic side that, (1) there 
should be greater uniformity of instruction in the fundamental 
branches throughout the normal school system, and (2) that the dupli¬ 
cation of special courses offered in certain schools should be removed; 
and on the administrative side the Commission urged, (1) that a uni¬ 
form and centralized system of accounting should be adopted for all 
of the Normal Schools, and (2) that the business administration of 
all of the institutions be centralized exclusively in the hands of the 
business agent of the Board of Education. 

Under the existing plan of organization there is in the state of 
Massachusetts a Department of Animal Industry, whose duty it is to 
make inspections of live stock and barns in order to stamp out con¬ 
tagious diseases among animals. Also the State Board of Health and 
the local health boards inspect animals and barns with reference to 
the health of dairy cattle and the sanitation of buildings, while the 
Dairy Bureau of the Board of Agriculture has certain police powers 
relating to the enforcement of the state dairy laws. The result is 
naturally a duplication of effort on the part of the two state depart¬ 
ments of health and animal industry and the local boards of health; 
and the commission on Economy and Efficiency recommended that the 
duties of the Department of Animal Industry should be transferred 
either to the Board of Health or to the Board of Agriculture and that 
whichever department should take over these functions should also 
be given broader powers over the local authorities. 

THE NEW JERSEY ECONOMY AND EFFICIENCY COMMISSION. 

The New Jersey Legislature in 1912 provided by joint resolution 
for the appointment of a “Commission to consider the best means for 
consolidating state agencies.” This committee, which subsequently 
adopted the name of the New Jersey Economy and Efficiency Com¬ 
mission, consists of two members of the Senate, two members of the 
lower House, and three other persons appointed by the Governor. In 
the words of the joint resolution, the purpose of the Commission is to 
study the most suitable means for consolidating the various state 


982 


EFFICIENCY AND ECONOMY COMMITTEE. 


departments whose duties are closely related, to broaden the powers 
of government in each division of the state administration into one 
central board or boards, and to report its recommendations on this 
general subject to the legislature. 

Early in the year 1913, the New Jersey Economy and Efficiency 
Commission submitted a report to the legislature containing the fol¬ 
lowing specific recommendations: (1) the consolidation of the state 
board of assessors and the board of equalization; (2) the abolition of 
the separate shell fish commissions, and their consolidation under a 
central bureau of game and fisheries; (3) the combination of the 
department of labor, the bureau of labor statistics, and the employers 
liability commission; (4) the consolidation of the offices of comp¬ 
troller of the treasury and the department of accounts; and (5) the 
union of the department of inland waterways and the New Jersey 
Canal Commission. 

In making an investigation of the auditing agencies of the state, 
the Economy and Efficiency Commission found that the work was 
divided between the comptroller of the treasury, whose duty it was 
to examine, audit and certify all state accounts, and the department 
of accounts whose functions were to establish a uniform system of 
accounting, to make a semi-annual audit of the accounts of all depart¬ 
ments and institutions and to audit and verify the financial transactions 
of state and county officers. The result was very naturally a conflict 
of powers and a duplication of services, and to remedy these defects 
the Commission urged that the department of accounts be combined 
with the comptroller’s office. The legislature passed a law providing 
for the consolidation of these two departments (the only one of the 
consolidations recommended to be adopted), and also provided an 
appropriation for the continuance of the work of the Economy and 
Efficiency Commission during the ensuing session. 

In submitting its report to the legislature during the 1914 session, 
the Economy and Efficiency Commission proposed a more compre¬ 
hensive plan for reconstructing certain branches of the state admin¬ 
istration than that presented at the previous session. The Commission 
recommended the creation of six new departments,—each to be formed 
by the reorganization and consolidation of boards and commissions, 
which at the present time are performing functions of a similar nature 
largely independent of one another. Following, is a brief statement 
of the proposed consolidations together with a reference to the existing 
organization and methods. 

The Department of Health. 

The health administration of New Jersey is at present directed 
by a single board, but the Commission of Economy and Efficiency finds 
that the department is weak in its internal organization and in its con¬ 
trol over local health matters. To remedy these conditions, the Com¬ 
mission recommended: (a) that the Governor appoint an expert in 
sanitation and hygiene as commissioner of health for a term of five 
years, at an annual salary of $6,000, to have direct charge of the 
administration of the health law and of the rules and regulations 


IN OTHER STATES. 


983 


established by the board of health, as well as the management of all 
details, and (b) that the state board of health be reorganized to consist 
of seven members including the commissioner of health as the pre¬ 
siding officer, and six other persons appointed by the Governor, all to 
serve for terms of six years each without compensation, and whose 
duty it will be to enact health ordinances and give advice to the 
commissioner. The Economy and Efficiency Commission further 
recommended that the health department, as reconstituted, be given 
power to act in all cases where the local authorities fail to perform 
their duties after due notice, and that the state board of health be 
empowered to enact a uniform health code for the entire state. 

The Department of Taxation. 

Under present conditions, the administration of the New Jersey 
taxing system is divided between the state board of assessors of four 
members, whose duty it is to assess and ascertain the amount of taxes 
due from railroad and canal companies and to compute the franchise 
tax upon public utilities, and the state board of equalization, consisting 
of a president and four assistants, with power to equalize, review 
and enforce taxes. The Economy and Efficiency Commission has also 
discovered that in appraising and valuing the property of public serv¬ 
ice corporations, the engineering force of the board of public utilities 
is performing much the same functions as are required of the engineer¬ 
ing staff in the office of the state board of assessors. The Economy 
and Efficiency Commission, therefore, recommended that the state board 
of assessors and the board of equalization be consolidated into a new 
bi-partisan commission of five members appointed by the Governor 
at an annual salary of $3,500 each (one commissioner being chosen 
each year), and that the engineering staff of the board of assessors be 
transferred to the board of public utility commissioners, with the right 
of the department of taxation to inspect all of the books and records 
in the possession of the other. These changes, it was estimated by 
the Economy and Efficiency Commission, would result in a net yearly 
saving of over $40,000 as compared with a total present cost of $70,580, 
or a decrease of over one-half in the expense of tax administration. 

The Department of Shell Fisheries. 

At present, the oyster industry in New Jersey is controlled by 
five independent boards and bureaus with some seventeen salaried 
commissioners, superintendents and secretaries in charge. The 
Economy and Efficiency Commission recommended that these separate 
bureaus and commissions be abolished and that in their place a depart¬ 
ment of shell fisheries should be established to consist of: (1) a com¬ 
missioner appointed by the Governor for a term of three years at an 
annual salary of $2,500, to have direct charge of the administrative 
work, and (2) an unpaid board of six citizens actually engaged in 
the shell fish industry, to be appointed by the Governor for a period 
of three years each, one member being chosen each year. The 
function of the departmental board should be to enact such rules as 
are deemed necessary, to give advice to the commissioner, and to 
determine the general policy of the department. To prevent a possible 


984 


EFFICIENCY AND ECONOMY COMMITTEE. 


abuse of power and to secure responsibility, it was proposed that the 
Governor be given power to remove the chief commissioner of the 
department after a hearing, upon charges signed by a majority of the 
departmental board, providing he finds such charges to be well 
founded. 

The Department on Conservation and Development. 

Under the existing organization, the State of New Jersey has six 
important commissions engaged in conservation and developmental 
works, namely: the state water supply commission, the Forest Park 
Reservation Commission, the state riparian commission, the geological 
survey, two park commissions, and the state architect’s bureau. The 
Commission on Economy and Efficiency urged that these bureaus and 
boards be abolished, and that a new department of conservation and 
development should be established to consist of a chief commissioner 
and an unpaid advisory board, appointed in the same manner and 
clothed with powers similar to those provided for in the Department 
of Shell Fisheries—the chief commissioner to be appointed by the 
Governor for a period of five years at an annual salary of $6,000. 

The Department of Commerce and Navigation. 

In accordance with the general plan proposed for the reorgani¬ 
zation of the other departments, the Economy and Efficiency Com¬ 
mission recommended that the department of inland waterways, the 
New Jersey Ship Canal Commission of five members, the commission 
to investigate port conditions, the six commissioners of pilotage and 
the inspectors of power vessels be consolidated to form a department 
of commerce and navigation, to consist of a chief commissioner 
appointed by the Governor for five years at a salary of $3,000, and an 
unpaid board of six members to direct and give advice. 

The Department of Prison Control. 

The Economy and Efficiency Commission of New Jersey also 
found that the control of the state prison was scattered among five 
different authorities: the keeper; the supervisor who looks after the 
work and employment of prisoners; a board of prison inspectors of 
six members, with power to make rules and regulations for the gov¬ 
ernment of the prison; a prison labor commission and the board of 
parole. The result of such a system has been a conflict of authority 
and a lack of responsibility. For the betterment of these conditions, 
the Economy and Efficiency Commission recommended that the man¬ 
agement of the state prison be transferred to an unpaid board of direc¬ 
tors with power to guide, direct and legislate in regard to the same, 
and proposed that the warden, who is a constitutional officer, be made 
the chief executive of the prison, with authority to enforce the law 
and the rules made by the departmental board; to have direct charge 
of all administrative details; and to appoint all subordinates and 
employes subject to the right of the board to fix salaries. 

The above review of the recommendations of the New Jersey 
Economy and Efficiency Commission shows that the same general 
plan is proposed for the reorganization of all of the divisions of the 


IN OTHER STATES. 


985 


administration, except the department of taxation. Each is to be 
formed by the grouping together of two or more bureaus and com¬ 
missions which are now performing related functions largely inde¬ 
pendent of one another, and with the exception of the department of 
taxation, each is to be governed by a single commissioner in direct 
charge of the administration and by an advisory board to direct and 
guide. The chief commissioner of each department is to be an expert 
appointed by the Governor for a term of from three to five years, and 
at such salary as will attract persons of recognized ability; he is to 
have control of the executive work of his particular department, 
including the power to appoint all subordinates subject to the approval 
of the departmental board in some cases, and is charged with the 
enforcement of the provisions of the law and of the rules enacted by 
the advisory board. In order to make the chief commissioners properly 
responsible, the Governor is given authority to remove them after a 
hearing and upon charges signed by a majority of the departmental 
board. For each of the departments there is also an unpaid board, 
appointed by the Governor, which acts much as a board of directors 
in working out the general problems of administration, in the 
determination of policies, and in giving advice to the commissioner in 
charge. The advisory boards are to be bi-partisan, and their members 
are chosen for overlapping terms. The organization of the department 
of taxation is somewhat different from that proposed for the other 
divisions, as the Commission of Economy and Efficiency recommends 
its direct management by a commission of five members instead of by 
a single commissioner. 

The proposed plan of the New Jersey Economy and Efficiency 
Commission, if adopted, will effect no legal changes other than in ad¬ 
ministration, and the laws will remain the same so far as defining the 
powers and duties of the various state officials. The number of public 
officers and employes, however, will be materially decreased as a result 
of the proposed consolidation of the twenty-five or more existing com¬ 
missions; work of a similar character, instead of being scattered, will 
be brought together under one head; and it is estimated that an annual 
saving of $146,811 will be made possible, as compared with a total 
present cost of $897,674, for the performance of the same functions 
by a larger number of authorities. 

THE NEW YORK COMMITTEE OF INQUIRY AND DEPARTMENT OF 
EFFICIENCY AND ECONOMY. 

Committee of Inquiry. 

Early in the year 1913, Governor Sulzer, of New York, in the 
exercise of his general executive authority appointed three citizens as 
a Committee of Inquiry to make an investigation into the expenditures 
of the state. On March 21 of the same year, the Committee sub¬ 
mitted a report to the Governor, analyzing the appropriations of the 
state for the current year as well as the estimates for the ensuing year, 
and suggesting the reduction of certain estimates. The Committee 
also recommended a number of legislative measures for the establish¬ 
ment of a group of new central financial agencies, for the consolidation 
of certain related bureaus, and for the organization of a permanent 
Commission on Economy and Efficiency. 


986 


EFFICIENCY ANb ECONOMY COMMITTEE. 


In an investigation as to the financial administration of the various 
departments and commissions, information was secured as to their 
respective appropriations for the current year, the amounts requested 
for the ensuing year, and a statement of any increases or decreases in 
the same. From this data the Committee presented a report contain¬ 
ing : (1) its findings and recommendations in regard to each separate 
department, with particular attention to the demands for increased 
appropriations and, (2) a revision of the estimates for which appro¬ 
priations were requested. Also a new appropriation and supply bill 
for the entire state was prepared, setting forth the items recommended 
by the Committee of Inquiry and involving a net reduction of $772,000 
as compared with the actual appropriations of the preceding year. 

Although the primary function of the New York Committee of 
Inquiry was to examine the expenditures of the different departments, 
an analysis was also made of the financial methods employed by the 
various state agencies, in order to devise means for securing economy 
and efficiency in the public service. As a result of this general study 
of state administration, the Committee found that the so-called busi¬ 
ness methods of the state were anything but efficient, and that there 
was immediate need for a complete change in the exisiting system of 
making appropriations and in the administrative machinery for con¬ 
trolling and safeguarding the expenditure of such appropriations after 
they have been made. With this end in view, the Committee of 
Inquiry recommended: (1) that the fiscal year be altered so as to 
correspond more closely to the legislative session; (2) that general 
appropriations be made available only during the year for which they 
are made; (3) that all unexpended balances lapse at the close of each 
year; (4) that it should be unlawful for departmental officers to incur 
liabilities in excess of appropriations, and that under no circumstances 
should they be empowered to make such expenditures; and (5) that 
supply bills should be discontinued. 

The Committee of Inquiry was also of the opinion that in order 
to secure the economical and efficient expenditure of money, it would 
be necessary to make an extensive reorganization of certain depart¬ 
ments and boards. This was found to be especially true in the control 
of the penal institutions and of the conservation work of the state. 
The conservation department has been organized under the control of 
three commissioners, who receive a salary of $10,000 each; the com¬ 
mission itself has been divided into three divisions, each division in 
turn with various bureaus, thus making necessary a large number of 
assistants and involving a payroll of $77,300 exclusive of the salaries 
of a large number of subordinate employes. In the opinion of the 
Committee of Inquiry, the conservation department had too great an 
overhead charge, and it was estimated that a saving of at least $45,000 
per year could be effected by placing the work in charge of a single 
commissioner, with one deputy for each important division, and a 
general secretary and advisory counsel for the entire department. 

The Committee also found that the administration of the penal 
institutions was divided between five different authorities,—the state 
superintendent of prisons; the commission of prisons, consisting of 


IN OTHER STATES. 


987 


seven persons, and provided for in the state constitution; the board 
of parole, the board of classification, of twelve members; and the 
commission on new prisons. Each of these officers has certain official 
duties connected with the state prisons, and the committee recom¬ 
mended, that all of them, except the state superintendent of prisons and 
the prisons commission should be abolished, and that their respective 
powers and duties should be delegated to the prisons commission, 
which should be reduced from seven to three members. 


The need for reorganization and consolidation of other services 
was also pointed out; but the above mentioned plans were the only 
ones for which definite proposals were made, and for. which the Com¬ 
mittee submitted complete drafts of bills. The various recommen¬ 
dations made by the Committee of Inquiry to the Governor were trans¬ 
mitted to the legislature; but nothing definite has been accomplished 
in the way of constructive legislation for carrying the same into effect. 
An Act of the legislature, however, provided for continuing the work 
of the Committee of Inquiry by a Commissioner of Economy and 
Efficiency; and Governor Glynn appointed one of the members of the 
original committee to this office. 


The Commissioner of Economy and Efficiency has devoted his en¬ 
tire attention to the matter of state appropriations and expenditures, 
and on March 16, 1914, submitted a complete budget report to the Gov¬ 
ernor, setting forth his recommendations in regard to me financial 
needs of the state for the fiscal year beginning October 1, 1914. The 
items of appropriation recommended in this report, were determined 
after a careful examination of the requests for appropriations as filed 
by the various departmental officers, and every item was presented in 
comparison with the amounts appropriated the previous year, thus 
bringing into relief each new position in the state service, every 
increase in salary, and every proposed addition to miscellaneous 
expense. With this data as a basis, the Commissioner of Economy 
and Efficiency prepared a completely segregated form of appropriation 
bill or budget, presenting all positions under their proper departmental 
titles, and subdividing every large item of miscellaneous expense into 
smaller units so as to prevent the concealment of unnecessary positions 
and expense accounts under the heading of office expense and other 
deceptive titles. Nearly every estimate submitted by the heads of 
departments was revised and materially decreased, and the amounts 
recommended by the Commissioner of Economy and Efficiency were 
set forth in itemized form and in parallel columns along side of the 
appropriation requests submitted by the departmental heads in the 
usual unitemized form, while the whole report was supplemented by 
explanatory notes from the departments concerned and from the Com¬ 
missioner of Economy and Efficiency. 

The total amount of appropriations recommended by the Com¬ 
missioner of Economy and Efficiency amounted to $33,854,680 as 
compared with a total of $39,773,371 requested by the departmental 
heads, or a reduction of about one-seventh. Although most of the 
data contained in the budgetary report was available at the time of the 
passage of the annual appropriation bill on March 21, 1914, the recom- 


988 


EFFICIENCY AND ECONOMY COMMITTEE. 


mendations of the Commissioner of Economy and Efficiency were 
passed over by the ways and means committee, and the assembly com¬ 
mittee prepared the annual appropriation measure in the customary 
manner and form. The report has been published, however, and is 
of much value in presenting a careful and intelligent analysis of the 
financial needs of the state, and in showing the necessity for a more 
systematic method of making appropriations so as to secure greater 
efficiency and economy in the financial administration of the state. 

Under date of January 1, 1915, the New York State Department 
of Efficiency and Economy, in cooperation with the New York Bureau 
of Municipal Research, has published a detailed survey (of 768 pages) 
of the organization and functions of the Government of the State of 
New York, prepared for the use of the Constitutional Convention to 
be held in that state in 1915. This like the Massachusetts Report on 
Executive Organization is descriptive, and is accompanied by a large 
number of charts. 

THE PENNSYLVANIA ECONOMY AND EFFICIENCY COMMISSION. 6 

In 1913, Pennsylvania also took up the matter of increasing the 
efficiency of the state administration and of bringing about a greater 
economy in government. In July of that year the General Assembly 
of Pennsylvania provided by joint resolution that the Governor should 
appoint an Economy and Efficiency Commission of three members at 
salaries of $3,000 each. It was made the power and duty of the 
Commission to investigate the number, the character of the duties and 
the compensation of all persons in the employ of the state, and to 
ascertain wdiat changes were necessary to secure greater economy and 
efficiency in the work of the various departments, bureaus and com¬ 
missions. An appropriation of $25,000 was made by the general 
assembly for carrying on this work, but the governor cut the amount 
to $10,000, because of insufficient state revenues. The joint resolu¬ 
tion creating the Commission of Economy and Efficiency provided that 
it should make a report of its findings not later than November, 1914, 
and that upon the presentation of such a report its work should cease. 

In accordance with the above-mentioned legislation, the Pennsyl¬ 
vania Economy and Efficiency Commission entered upon its work of 
investigation, and in December, 1914, submitted to the governor a re¬ 
port of its recommendations, together with an appendix which sets 
forth the name, duties and compensation of every person employed by 
the state. The Commission did not attempt to propose a comprehen¬ 
sive and coordinated plan of reorganizing the entire state administra¬ 
tion as has been done by the Economy and Efficiency Commission in 
Illinois, Minnesota, and Iowa, but its work has been more in the nature 
of a preliminary survey. Special inquiry was made: (1) as to the 
statutes creating and regulating the various departments and commis¬ 
sions; (2) as to the names, compensation and duties of all persons 
employed by the state, and whether or not their positions were created 
by statute or were temporary appointments made by appropriation; 
and (3) in regard to the duplication of services or the conflict of au- 

6 Report of the Pennsylvania Economy and Efficiency Commission, December 24, 
1914. 



IN OTHER STATES. 


989 


thority in the administrative branches of the state government. In 
case a department or commission was found to be performing its 
functions with a fair degree of efficiency, the Economy and Efficiency 
Commission usually offered suggestions for making the work more 
effective, and, wherever necessary, recommended that increased ap¬ 
propriations be provided, while in other instances it proposed the aboli¬ 
tion or reorganization of certain departments, offices and commissions, 
hollowing is a review of the more important recommendations which 
the Pennsylvania Commission made for improving the administrative 
work of the state. 

(1) The Governor; The Commission recommended that the gover- 
nor be relieved of the routine work of auditing and approving certain 
expenditures—a function which has greatly interfered with his general 
executive duties and which properly belongs to the fiscal officers of the 
state. 

(2) Department of Justice: The Economy and Efficiency Commis¬ 
sion found that the attorney general had performed his duties in an effi¬ 
cient manner, but it disapproved of teh practice of employing individual 
counsel and attorneys by certain departments, as being unnecessary and 
expensive. The Commission, therefore, proposed that all of the legal 
forces of the state should be centralized in a newly created department 
of justice, similar to the department of justice in the United States gov¬ 
ernment. This department should be under the control of the attorney 
general and should include also a solicitor general and a staff of assistant 
attorneys general. 

(3) Auditor General’s Department: Under the existing organiza¬ 
tion, the auditing of public accounts in Pennsylvania is performed by the 
Auditor General and the State Treasurer, and these same officers have 
also been invested with the authority to assess and collect taxes. By this 
arrangement, the Treasurer and Auditor General are placed in the anom¬ 
alous position of assessing and collecting the state taxes, disbursing them, 
and then auditing the assessments and disbursements which they have 
themselves authorized. In order to relieve the confusion of duties which 
should be kept separate, the Commission recommended that a state tax 
commission of three persons should be created which should take over 
the functions of assessing and collecting state taxes, and indicated that 
the auditing of all accounts should be centralized in the hands of the 
Auditor General alone, although its recommendations on this latter point 
were not altogether clear. 

(4) Conservation Department: At present the conservation work 
of the state is divided between three different authorities:—(a) the for¬ 
estry department; (b) the department of fisheries; and (3) the depart¬ 
ment of game commissioners. In order to eliminate the duplication of 
services and to provide greater efficiency, the Economy and Efficiency 
Commission recommended that a department of conservation be estab¬ 
lished under the direction of a single commissioner at $7,500 per year, and 
that the existing departments of forestry, fisheries and game be made sub¬ 
divisions of the department of conservation, with a director in charge of 
each division. The Commission further recommended that an advisory 
commission should be created, to be composed of one recognized forester, 
one expert fish culturist, and one recognized game protectionist to act in 
an advisory capacity to the conservation commission. 

(5) Public Buildings and Grounds: The Economy and Efficiency 
Commission also found that the present system of purchasing supplies by 
the commissioners of public grounds and buildings and by the separate 
state departments, and the erection of buildings by numerous temporary 
boards, resulted in extravagance and a lack of uniformity. Consequently 
it recommended that a now board of public property should be created 
which should supervise the planning and erection of all state institutions 
and which should also purchase supplies for all of the state departments. 


990 EFFICIENCY AND ECONOMY COMMITTEE. 

In order to prevent the abuse of these rather large powers, the Commis¬ 
sion proposed that all contracts entered into by the board of property 
should be invalid until ratified by the Governor, the Auditor General and 
the State Treasurer. 

(6) Civil Service and Board of Examiners: The Economy and Effi¬ 
ciency Commission has also urged that all appointments to subordinate 
positions be made according to the merit system, which should be admin¬ 
istered by a state board of examiners. The state board of examiners 
should not only administer the provisions of the civil service law, but it 
should also take over the functions of the miscellaneous examining boards 
such as the board for the examination of accountant, the state dental 
board, the state board of undertakers, etc., which at the present time are 
performing their duties independently of one another. 

In addition to the above-mentioned recommendations for the re¬ 
organization of certain existing state departments and commissions 
and for the creation of several new services, the Pennsylvania Eco¬ 
nomy and Efficiency Commission urged the adoption of a uniform 
system of bookkeeping and accounting, and pointed out numerous 
specific improvements which might be introduced in the various 
branches of the administration. In a number of instances the Com¬ 
mission recommended that increased appropriations should be made 
for the carrying on of important functions such as are performed by 
the department of health and the geological survey, which are at pres¬ 
ent greatly hampered by the lack of sufficient funds. Perhaps one 
of the most novel and interesting suggestions of the Commission was 
that the legislature should provide for a bureau of publicity which 
should advertize the state and keep the public continually informed as 
to what the commonwealth was accomplishing. 

Appended to the formal report of the Commission, is a detailed 
summary setting forth the names, duties and compensation of all per¬ 
sons employed by the state. These names are classified according to 
departments, and are accompanied by complete references to those 
statutes which relate to the various departments and positions. 

THE MINNESOTA ECONOMY AND EFFICIENCY COMMISSION. 

In October, 1913, the Governor of Minnesota on his own initiative 
appointed an Economy and Efficiency Commission of thirty members, 
representing aH parts of the state and every important political and 
industrial point of view, to consider plans for the reorganization of 
the state administration. The commissioners have served without 
compensation, and have paid their individual expenses, while the other 
funds necessary for carrying on the work have been derived from 
private subscriptions. The Commission did not confine its efforts to 
the reorganization of only a few important departments, but pro¬ 
posed to work out a broad and fundamental plan of reorganization 
for the entire state administration. 

As a guiding principle, the commission adopted a resolution that 
it would not recommend any changes in state functions, but would 
restrict itself to the methods of performing existing functions, with 
the object of ^formulating a plan for carrying on the state adminis¬ 
tration as it now is, or may be in the future, with the highest degree 
of efficiency; that general and not detailed defects should be con¬ 
sidered, and that the plan of reorganization should be from the top 


IN OTHER STATES. 


991 


down In November of 1913 the membership of the Commission was 
divided into subcommittees, a staff was appointed, and Professor E. 
D. Durand, former director of the United States Census, was placed 
in charge of- the investigation, as chief statistician. 

In its preliminary report submitted to the Governor, the Minne¬ 
sota Economy and Efficiency Commission has presented an outline 
of the plan which it proposes to follow in providing for the reorgani¬ 
zation of the state administration,—the three main features of the plan 
being: (1) the reorganization of the executive service; (2) the estab¬ 
lishment of the merit system in the civil service; and (3) the adoption 
of a budget system for appropriating money. 

As the result of its preliminary investigation, the commission 
found a state of affairs much the same as has been discovered in 
other states where similar surveys have been made, namely,—the 
impossibility of fixing responsibility; a lack of coordination between 
agencies performing related functions; and the employment of a large 
number of unnecessary officials. The Economy and Efficiency Com¬ 
mission has proposed to remedy these conditions by grouping similar 
agencies under a few great executive departments, thus providing for 
a single state administration in place of control by some sixty inde¬ 
pendent departments. In order to prevent a possible abuse of the 
extensive power lodged in the hands of the Governor and the heads of 
departments by this proposed plan, the Economy and Efficiency Com¬ 
mission recommends the establishment of a civil service commission 
and the appointment of all employes except the heads of departments 
according to the merit system. The commission further recommends 
the establishment of a budget system which will make possible the con¬ 
sideration of state expenditures as a whole, and which will substitute 
a study of relative needs for guess work in the appropriation of money. 
Following is an outline of the proposed reorganization of the state 
executive department as recommended by the commission:— 

The Economy and Efficiency Commission finds that the greatest 
defect in the general organization of the state executive department 
is the multiplicity of independent branches; the diversity in forms 
of organization; and the predominance of the board system. At pres¬ 
ent there are about seventy-five independent agencies in charge of 
the administrative work of the state, the majority of which are boards 
largely independent of one another, and over which the Governor has 
very little control. In order to centralize the entire state administra¬ 
tion, the commission proposes a plan which is a novel one from the 
standpoint of state government, but which is in general similar to 
the organization of the national administration. The main feature 
of this plan is the grouping of the various state services, at present 
largely independent of one another, under six great departments. 

At the head of the entire system is the Governor, while the legal 
department under the Attorney General, the recording office in charge 
of the Secretary of State, the Civil Service Commission, the account¬ 
ing department in charge of the State Auditor, and the Tax Commis¬ 
sion will constitute what is known as the “general administration.” 
This is not a department strictly speaking, but rather a group of offices 


992 


EFFICIENCY AND ECONOMY COMMITTEE. 


whose work, such as the legal affairs of the state, the keeping of 
records, and the auditing of accounts, is related to all of the depart¬ 
ments. Such an arrangement will not only serve to centralize the 
auditing of accounts and the equalization of taxes, but will also relieve 
the elective state officers of membership on executive boards and free 
them from the burden of miscellaneous duties. The other functions 
of government will be distributed among one of the following divis¬ 
ions: (1) the department of finance; (2) the department of public 
domain; (3) the department of public welfare; (4) the department 
of education; (5) the department of commerce and labor, and (6) 
the department of agriculture. 

Each of the departments so established, with the exception of 
the finance department and the department of education, will be in 
charge of a director, to be appointed by the Governor, and who shall 
serve during the pleasure of the latter, while the departments in 
turn are to be sub-divided into bureaus, each of which will be under 
the control of a commissioner to be appointed after a competitive or 
non-competitive examination. The finance department, however, will 
be in charge of the state treasurer, while for the department of edu¬ 
cation the commission proposes two boards, the board of regents for 
the state university and a new board of education to have control of 
all other educational work,—with power to select the president of the 
university and the director of education respectively. With these two 
exceptions the general plan of organization is the same in all depart¬ 
ments. It is intended that the directors shall be laymen and not 
experts, and they may change with the Governor, but provision is 
made that the bureau chiefs shall be persons of expert ability, thus 
combining practical technical service with popular control. The 
directors as heads of their respective departments will be responsible 
to the Governor and to the people for the administration of the same, 
and will constitute a Governor’s cabinet similar to the cabinet of the 
President of the United States. In this manner the whole adminis¬ 
tration is expected to become a unit. 

Although the Economy and Efficiency Commission has recom¬ 
mended the placing of all executive functions in the hands of the 
various departmental directors, it recognizes the need of certain boards 
for advisory, sub-legislative and quasi-judicial functions, and has pro¬ 
posed such a board for each department. In some of the departments, 
existing boards and commissions may be made use of, while for each 
of the other divisions the commission recommends that a board of 
from five to nine members be appointed by the Governor. Some of 
these boards, such as the board of railroad commissioners in the depart¬ 
ment of commerce and labor, and the advisory board for the depart¬ 
ment of public welfare, will possess sub-legislative power to make 
rules and regulations in regard to the rights and duties of public 
service corporations and in regard to health matters, and all the boards 
will have advisory functions and powers, will make suggestions to 
the director upon request, and may offer recommendations in their 
own discretion. 


IN OTHER STATES. 


993 


The Minnesota Economy and Efficiency Commission is of the 
opinion that the adoption of such a plan of reorganization will unify 
the administration and make the Governor the true head of the gov¬ 
ernment, in which capacity he may be properly held responsible for 
any inefficiency or misconduct throughout the state. It is further sug¬ 
gested that an increase in responsibility and power will tend to make 
the office of Governor one of greater importance and dignity, with the 
probable result that more attention will be paid to the selection of its 
incumbent. 

In November, 1914, the Minnesota Economy and Efficiency Com¬ 
mission submitted its final report to Governor Eberhart in the form of 
a proposed bill for reorganizing the civil administration of the stat.e, 
together with provisions for the merit system of appointment and a 
budget system of making appropriations. The report contains several 
charts showing the present and proposed plans of administrative or¬ 
ganization, and the draft of the bill is accompanied by a number of 
analytical and explanatory notes which will provide the legislature 
with intelligent data when it considers the recommendations of the 
commission. 

THE IOWA COMMITTEE ON RETRENCHMENT AND REFORM. 

In Iowa, under an Act of the General Assembly of March 17, 
1913, the “Joint Committee on Retrenchment and Reform” was 
authorized to employ “expert accountants and efficiency engineers” 
and to “institute such changes in the administration of public affairs 
as would promote the efficiency and economical administration of the 
affairs of the state in its various departments.” 7 The firm of Quail, 
Parker and Company, which was appointed by the Committee to 
examine into the conduct and expenditures of the various state offices, 
boards and commissions, presented a report on the Department of 
Agriculture on March 25, 1913, and a preliminary report on the heat¬ 
ing plant at the State Capitol in May of the same year, while the final 
report of its findings was submitted under the date of December 21, 
1913. 8 

Report of Efficiency Engineers. 

In this report, the efficiency engineers not only recommended the 
adoption of more efficient methods and greater economy in the work 
of the various state offices and departments, but also presented a plan 
for reorganizing the executive branch of the state government which, it 
was suggested, would bring about the concentration of authority and 
the location of responsibility and also introduce the short ballot, the 
merit system of appointments, a scientific budget and general busi¬ 
ness efficiency. 

7 Laws of Iowa 1913, p. 23. It should be noted that the Committee on Retrench¬ 
ment and Reform had, by authorization of a joint resolution of the General Assem¬ 
bly employed experts to make an investigation into the administration of the agri¬ 
cultural departments prior to the enactment of the law of March 17, 1913. 

8 The following account of the final report of Quail, Parker and Co., Efficiency 
Engineers, was obtained from a monograph in the Applied History Series of the 
Iowa State Historical Society. See: “Reorganization of State Government in Iowa,” 
by Mr. F. E. Horack; Iowa'Applied History Series, Volume II, Number 2, especially 
pages 58 to 62. 



994 


EFFICIENCY AND ECONOMY COMMITTEE. 


The proposed plan recommends in the first place the consolidation 
of the offices of the State Treasurer and State Auditor by the creation 
of a new Department of Finance, which, under the direction of the 
above named officials, would control the entire accounting of the state 
government, and make possible the adoption of a scientific method of 
budget control, an efficient accounting system and an independent audit 
of public funds. In the second place, it is proposed that the offices 
of the Secretary of State and Attorney-General be combirled to con¬ 
stitute a new Legal Department, with supervision over all matters of 
legal record and justice, the Secretary of State to “have charge of 
the executive and legislative records, and the Motor Vehicle Bureau; 
while the Attorney-General will conduct his branch on similar lines 
to those at present existing.” As necessary features of the general 
administration, the efficiency and economy engineers employed by the 
Iowa committee, also recommend the establishment of: (1) the office 
of State Purchasing Agent; (2) the position of Chief Accountant; 
and (3) a Civil Service Commission to administer the merit system, 
through which are to be filled all administrative positions except the 
constitutional officers and the heads of departments. 

The Finance Department and Legal Department, as described 
above, are to be formed by the consolidation or redistribution of the 
functions of the general administrative offices, w u ile the other execu¬ 
tive functions and activities of the state government are to be grouped 
under one of the following seven departments: 

1: Department of Agriculture 

2. Department of Commerce and Industries 

3. Department of Public Works 

4. Department of Public Safety 

5. Department of Public Health 

6. Department of Education 

7. Department of Charities and Correction 

It is proposed that the Governor shall act as Director of the 
Department of Public Safety; and each of the other departments is 
to be under the immediate control and supervision of a Director-Gen¬ 
eral, to be appointed by the Governor with the consent of the Senate. 

The plan of reorganization as proposed by the Efficiency 
Engineers provides not only for the unification of the general admin¬ 
istrative functions under the control of the four elective officers of 
the state and the distribution of the other functions of government 
among seven departments, but the present Executive Council (com¬ 
posed of the elective executive officers) is to be displaced by a new 
Council consisting of the Directors-General of the various departments 
with the Governor as its Chairman, thus making the chief executive 
the real head of the state administration. None of these reforms, it 
is pointed out, necessitates the amendment of the state constitution, 
but are in the main such as it is possible to secure through ordinary 
legislation. 

Report of the Committee. 

On November 12, 1914, the Committee on Retrenchment and 
Reform published a preliminary report regarding its own recommenda- 


In other states. 


995 


tions for reorganizing the state administration, which differs somewhat 
from the plan proposed by the efficiency engineers, as well as from 
the several plans proposed by similar committees in other states. 9 The 
members of the Committee on Retrenchment and Reform do not 
recommend the creation of new departments under the Secretary of 
State, the State Treasurer and Auditor, as do the efficiency engineers, 
but propose to relieve the above mentioned officials of their miscellan¬ 
eous executive functions and thus restore them to the status originally 
contemplated at the time the constitution was adopted, with the pur¬ 
pose ultimately of abolishing these offices by constitutional amendment 
and transferring their remaining functions to the three great depart¬ 
ments to be described later. Such a policy, the Committee suggests, 
would not only “concenrate authority in the Governor as the appointing 
power/’ and eliminate “the division of authority now prevailing, but 
would shorten a badly encumbered ballot, thus making for simplified 
government. 10 

The plan contemplates the creation of three great divisions of 
administration by the grouping together of related departments and 
offices, namely: 

I. The Department of Social Progress, to include and have super¬ 
vision over the following 'existing departments: 

Superintendent of Public Instruction 

Educational Board of Examiners 

State Library 

Geological Survey 

Historical Department 

Historical Society of Iowa 

Academy of Science 

Public Archives 

Library Commissions 

Board of Control 

Board of Parole. 

Board of Education 

II. The Department of Industries, to include and have supervision 
over the following existing departments: 

Department of Agriculture 
Weather and Crop Bureau 
State Veterinary Surgeon 
Commission of Animal Health 
Horticultural Society 
Inspector of Bees 
State Entomologist 
Dairy Association 
State and County Fairs 
Railroad Commission 
Commerce Counsel 
Commissioners of Insurance 


^Preliminary Report of the Iowa Committee on Retrenchment and Reform, pub¬ 
lished in the Des Moines Register and Leader, Nov. 10, 1914. 

10 Ibid. 



996 


EFFICIENCY AND ECONOMY COMMITTEE. 


Industrial Commissioner 

Bureau of Labor Statistics 

Banking 

Bank Examiner 

County Examiner 

City Examiner 

Public Accountant 

III. Department of Public Safety, to include and have supervis¬ 
ion over the following existing departments: 

Attorney General 

Adjutant General 

State Militia 

Fish and Game Warden 

State Highway Commission 

Custodian of Public Buildings and Property 

Capitol Extension 

Land Office 

Fire Marshal 

Board of Health 

Board of Medical Examiners 

Board of Law Examiners 

Board of Dental Examiners 

Commission of Pharmacy 

Dairy and Food Commission 

All examiners of this division 

Oil Inspectors 

Mine Inspectors 

Board of Voting Machine Commissioners 

At the head of each of the above divisions would be a chief 
officer, appointed by the Governor, to have general supervision over 
the several departments placed under him. The Committee does not 
at this time set forth any detailed system for the appointment or 
control of the various departmental officers under the three great 
divisions, but suggests that there would be a direct line of responsibil¬ 
ity, the subordinate officials being immediately answerable to the head 
of one of the three great divisions, who is in turn responsible to the 
Governor. “Instead of each department being left to pursue its own 
course wholly or substantially independent of all other departments, all 
would be welded together in coordinate activity, minor department 
heads under the great department leader, the three department leaders 
laboring together and ail in cooperation with the Governor as supreme 
head, becoming in fact the cabinet of the Governor and responsive to 
his policies.” 11 

Thus it is evident that the plan of administrative reorganization, 
as recommended by the Iowa Committee on Retrenchment and 
Reform, presents several features which differentiate it from proposals 
of a similar nature in other states. The most important features are: 
(1) the grouping of the state activities into three great divisions, 

^Preliminary Report of the Iowa Committee on Retrenchment and Reform, pub¬ 
lished in the Des Moines Register and Leader, Nov. 16, 1914. 



in other states. 


99 1 


whereas in Illinois and Minnesota it is proposed to consolidate the 
existing functions under six or more departments; and (2) the pro¬ 
posal that ultimately the offices of the Secretary of State, State 
Treasurer and Auditor shall be abolished by constitutional amendment, 
and their respective duties and functions transferred to one of the 
three proposed divisions. The basic principle of the Iowa plan of 
reorganization is, therefore, the complete centralization of adminis¬ 
trative control in the hands of the Governor. 

In addition to recommending a general unification and consolida¬ 
tion of the state administration, the Committee on Retrenchment and 
Reform makes a number of general suggestions for increasing economy 
and efficiency in carrying on the public business of the state. In the 
first place, it is recommended that all appointments should be made 
on the basis of ability, that the political activity of public employes 
should be curtailed, that public employees should work approximately 
the same number of days and hours per day as are demanded in other 
business enterprises, and that the time clock, universally adopted in 
large industrial establishments, should be installed by the state. In 
the second place, the Committee recommends that the Governor should 
make up a budget showing the needs of the state, and place the same 
in the hands of the legislature immediately upon convening. In the 
third place, the suggestion is made that the duties of the purchasing 
agent, now employed by the board of control, should be extended to 
include the purchase of all state supplies, and that the excessive 
expense of published reports be reduced by eliminating unnecessary 
duplications. 

Although the preliminary report of the Committee on Retrench¬ 
ment and Reform is directed primarily towards outlining a plan of 
administrative reorganization, it also contains several general recom¬ 
mendations for increasing the economy and efficiency of legislation, 
namely: (1) the adoption of some m.ethod whereby the status of any 
bill introduced may be ascertained at any time, thus preventing the loss 
or neglect of bills; (2) a reduction of the number of legislative clerks, 
doorkeepers, janitors, etc; (3) a reduction in the size of Committees; 
and (4) the prohibition by rule, of the dictation of correspondence, 
etc., to the members’ clerks in open session as disconcerting and 
destructive of business efficiency. 


998 


EFFICIENCY AND ECONOMY COMMITTEE. 


REFERENCES. 

Massachusetts. 

Report of the Commission on Economy and Efficiency, December 31, 1912. 
Annual Report of the Commission on Economy and Efficiency for the year 
ending December 31, 1913. 

Report of the Commission on Economy and Efficiency on the Reorganiza¬ 
tion of Boards and Commissions having supervision and control of State Insti¬ 
tutions, submitted February 7, 1914. 

Report of the Commission on Economy and Efficiency, on Functions, 
Organization and Administration of the Departments in the Executive Branch 
of the State Government, November, 1914. 

Annual Report of the Commission on Economy and Efficiency, 1914. 

Rhode Island. 

State Commissions on Economy and Efficiency, compiled by Chester C. 
Waters, Ph. D. Legislative Reference Bulletin No. 7, Rhode Island State 
Library. 

New Jersey. 

Message of the Governor transmitting Report of the Commission to con¬ 
sider the best means to consolidate State Agencies, February 8, 1913. 

Message of the Governor transmitting to the Legislature the Second Report 
of the Commission upon the Reorganization and Consolidation of different 
Departments of the State Government whose functions are interrelated, Feb¬ 
ruary 16, 1914. 

Third Report of the Economy and Efficiency Commission, 1915. 

New York. 

Report of the Committee on Inquiry to Governor Sulzer, transmitted to 
the New York Legislature, March 24, 1913. 

State Budget Report by the New York Department of Efficiency and Econ¬ 
omy transmitted to the Governor, March 16, 1914. 

Government of the State of New York, a Survey of its Organization and 
Functions. Prepared for the Constitutional Commission by the New York 
State Department of Efficiency and Economy and New York Bureau of Munici¬ 
pal Research, January 1, 1915. 

Pennsylvania. 

Report of the Economy and Efficiency Commission of the Commonwealth 
of Pennsylvania, 1915. 

Minnesota. 

Preliminary Report of the Economy and Efficiency Commission, 1914. 

Final Report of the Economy and Efficiency Commission. 

Iowa. 

Senate Journal,—April 4, 1913, pp. 1646 ff. 

Reorganization of State Government in Iowa, by F. E. Horack, Iowa 
Applied History Series, Vol. II, No. 2. 

Report of the Committee on Retrenchment and Reform, Des Moines Reg¬ 
ister and Leader, November 16, 1914. 







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